Karnataka High Court
Sri Mastan Sheriff @ Noorulla Sheriff vs Sri A D Nagaria on 1 July, 2024
Author: K.Somashekar
Bench: K.Somashekar
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NC: 2024:KHC:24360-DB
MFA No. 6238 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF JULY, 2024
PRESENT
THE HON'BLE MR JUSTICE K.SOMASHEKAR
AND
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCELLANEOUS FIRST APPEAL NO. 6238 OF 2021 (AA)
BETWEEN:
SRI. MASTAN SHERIFF @ NOORULLA SHERIFF
S/O LATE MAHMOOD SHERIFF
AGED ABOUT 40 YEARS
R/AT NO.19/D, UMMBERBHAG EXTENSION
J. P. NAGAR,
BANGALORE 560 080
...APPELLANT
(BY SRI. SRIDHAR B.R., ADVOCATE FOR
SRI. M. SHIVAPRAKASH, ADVOCATE)
Digitally signed by
AND:
AASEEFA PARVEEN
Location: HIGH 1. SRI. A. D. NAGARIA
COURT OF
KARNATAKA S/O. SRI. D. NAGARIA
AGED ABOUT 82 YEARS
R/AT NO.3 AND 4,
ZUBEIDA MANSION,
LADY CURZONROAD,
SHIVAJINAGAR,
BANGALORE - 560 001.
2. SRI. SHABBIR NAGARIA
S/O. SRI D. NAGARIA
AGED ABOUT 57 YEARS
R/AT NO.3 AND 4,
ZUBEIDA MANSION
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MFA No. 6238 of 2021
LADY CURZONROAD
SHIVAJINAGAR,
BANGALORE - 560 001.
3. SRI. ABBAS NAGARAI
S/O. SRI A. D. NAGARIA
AGED ABOUT 55 YEARS
R/AT NO.3 AND 4,
ZUBEIDA MANSION,
LADY CURZON ROAD,
SHIVAJINAGAR,
BANGALORE - 560 001.
4. SRI. AKTHAR NAGARIA
S/O. SRI D. NAGARIA
AGED ABOUT 43 YEARS
R/AT NO.3 AND 4,
ZUBEIDA MANSION
LADY CURZONROAD,
SHIVAJINAGAR,
BANGALORE - 560 001.
...RESPONDENTS
(BY SRI. SHAKHAR SHETTY, ADVOCATE FOR R-4)
THIS MFA FILED UNDER SECTION 37(1)(c) OF THE
ARBITRATION AND CONCILIATION ACT, AGAINST THE ORDER
DT.07.04.2021 PASSED IN A.S.NO.52/2014 ON THE FILE OF
THE VI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
BENGALURU CITY, (CCH-11), DISPOSING THE SUIT FILED
U/S.34 OF THE ARBITRATION AND CONCILIATION ACT, 1996.
THIS APPEAL, COMING ON FOR ORDERS,
THIS DAY, K. SOMASHEKAR, J., DELIVERED
THE FOLLOWING:
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MFA No. 6238 of 2021
JUDGMENT
This appeal is filed challenging the judgment and award
rendered by the Court below in A.S.No.52/2014 clubbed with
A.S.No.25003/2014 dated 07.04.2021.
2. The aforesaid proceedings in A.S.No.52/2014 has
filed by the plaintiff i.e., claimant before the learned Arbitrator
as under Section 34 of Arbitration and Conciliation Act, 1996
and A.S.No.2500/2014 is filed by the plaintiffs i.e.,
respondents before the arbitrators for setting aside the award
dated 24.02.2014 passed by the sole arbitrator in
A.C.No.6/2011.
3. Subsequent to initiation of proceedings before the
Court having jurisdiction to deal the matter clubbing up those
arbitration suits and rendering an order dated 07.04.2021, in
the operative portion of the order indicating that the
proceedings in A.S.No.25003/2014 stands allowed and award
dated 24.02.2014 passed in A.C.No.6/2011 by the sole
arbitrator is hereby set aside. Consequently, the suit filed by
the claimant in A.S.No.52/2014 is hereby disposed off. The
same has been indicating in the operative portion of the orders.
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4. The counsel namely Sri.Shridhar.B.R who is present
before the Court and represents the counsel namely
Sri.M.Shivaprakash who is on record. Learned counsel
Sri.Shaker Shetty for respondent No.4 has come on record by
filing a caveat petition as under Section 148-A of CPC.
5. Learned counsel for the appellant has filed a memo
for seeking withdrawal of this appeal in view of matter settled
amicably out of Court between the parties to the proceedings.
6. Memo is placed on record.
7. Consequently, the appellant is permitted is
withdraw the appeal as sought for.
Accordingly, the appeal is dismissed as withdrawn.
Sd/-
JUDGE
Sd/-
JUDGE
NS
