Karnataka High Court
M/S Hindustan Petroleum Corporation ... vs M/S Nature View Landscape Pvt Ltd on 24 July, 2024
Author: K.Somashekar
Bench: K.Somashekar
-1-
NC: 2024:KHC:29488-DB
COMAP No. 98 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF JULY, 2024
PRESENT
THE HON'BLE MR JUSTICE K.SOMASHEKAR
AND
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
COMMERCIAL APPEAL NO.98 OF 2022
BETWEEN:
M/S. HINDUSTAN PETROLEUM CORPORATION LTD.,
HP GREEN R AND D CENTRE
KIADB INDUSTRIAL AREA
THARABANAHALLI, DEVANAGUNTHI
HOSAKOTE, BANGALORE-560047.
REPRESENTED BY
ITS DEPUTY GENERAL MANAGER PROJECTS
SRI DAVID PODDAR.
...APPELLANT
(BY SRI. SRIDHAR B K., ADVOCATE)
Digitally signed AND:
by
MARKONAHALLI
RAMU PRIYA 1. M/S. NATURE VIEW LANDSCAPE PVT. LTD.,
Location: HIGH PLOT NO.641, SECTOR-39,
COURT OF NEAR CYBER PARK, GURGAON-122001
KARNATAKA REPRESENTED BY ITS DIRECTOR
SRI R.S. RAJAWAT
2. DR.G. VASUDEV
NO.266, RBD LAYOUT,
SARJAPUR ROAD,
BANGALORE-560035
SOLE ARBITRATOR.
...RESPONDENTS
-2-
NC: 2024:KHC:29488-DB
COMAP No. 98 of 2022
THIS COMAP IS FILED UNDER SEC.13(1A) OF
COMMERCIAL COURTS ACT 2015 R/W SECTION 37 OF THE
ARBITRATION AND CONCILIATION (AMENDMENT) ACT 2015,
PRAYING TO CALL FOR THE ENTIRE RECORDS IN COM.A.S. No.
95/2019 ON THE FILE OF 85TH ADDL. CITY CIVIL AND
SESSIONS JUDGE, BENGALURU (CCH-86) AND ON PERUSAL OF
THE SAME, SET ASIDE THE SAID ORDER DATED 15.11.2021
PASSED IN COM.AS.NO.95/19 ON THE THEF LIE OF 85 TH
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE
(CCH-86) AND ETC.
THIS COMAP, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE K.SOMASHEKAR
AND
HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
ORAL JUDGMENT
(PER: HON'BLE MR JUSTICE K.SOMASHEKAR)
1. This appeal is filed against the order dated
15.11.2021 passed in Com.A.S. No.95/2019 on the
file of 85th Additional City Civil and Sessions Judge,
Bengaluru.
2. The learned counsel for the appellant - Sri. Sridhar
B.K. has filed a memo seeking withdrawal of the
NC: 2024:KHC:29488-DB
appeal on the ground that the parties have settled
the matter by entering into a memorandum of
settlement dated 04.03.2022.
3. The said memo reads as under:
"1. The appellant submits that the above appeal is
filed challenging the order passed in Com.A.S.
No.95/2019 on the file of 85th Additional City Civil
and Sessions Judge, Bangalore (CCH-86) dated
15.11.2021. The appellant and first respondent
have arrived at a settlement amicably and have
entered into memorandum of settlement on
04.03.2022. The copy of the memorandum of
settlement is produced herewith for immediate
perusal of this Hon'ble Court.
2. It is submitted that in terms of the
memorandum of settlement, the subject matter of
dispute between the appellant and the first
respondent have been settled and there is no
claim, dispute or any issues and thus, the above
appeal challenging the order under appeal does not
survive.
3. Accordingly, it is humbly prayed that the above
appeal may be disposed of as not pressed, in the
interest of justice and equity in view of the
settlement arrived between the parties."
NC: 2024:KHC:29488-DB
4. The memo is taken on record. Hence, the challenge
under this appeal does not survive for consideration.
Accordingly, the appeal is dismissed as withdrawn.
SD/-
(K.SOMASHEKAR)
JUDGE
SD/-
(DR.CHILLAKUR SUMALATHA)
JUDGE
HJ
