Hindusan Aeronautics Limited vs M/S Sreekanh Constructions
2024 Latest Caselaw 12220 Kant

Karnataka High Court

Hindusan Aeronautics Limited vs M/S Sreekanh Constructions on 3 June, 2024

Author: K.Somashekar

Bench: K.Somashekar

                                         -1-
                                                     NC: 2024:KHC:18703-DB
                                                     COMAP No. 24 of 2023




                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 3RD DAY OF JUNE, 2024

                                      PRESENT
                       THE HON'BLE MR JUSTICE K.SOMASHEKAR
                                         AND
                   THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
                         COMMERCIAL APPEAL NO. 24 OF 2023
                BETWEEN:

                   HINDUSTAN AERONAUTICS LIMITED
                   HAVING ITS REGISTERED OFFICE AT
                   15/1, CUBBON ROAD
                   POST BOX NO.5150
                   BANGALORE - 560001
                   REPRESENTED BY ITS
                   AUTHORIZED REPRSENTATIVE.
                                                              ...APPELLANT
                (BY SRI. RAVI RAGHAVAN - ADVOCATE)
Digitally
signed by       AND:
SUMATHY
KANNAN
Location:
                   M/S SREEKANH CONSTRUCTIONS
High Court of      506, 5TH FLOOR, BRIGADE HARMONY
Karnataka          WHITEFIELD MAIN ROAD
                   BANGALORE - 560056
                   REP. BY ITS PROPRIETOR.
                                                            ...RESPONDENT
                (BY SRI. ANIRUDH SURESH - ADVOCATE)

                     THIS COMMERCIAL APPEAL FILED UNDER SECTION
                13(1-A) OF COMMERCIAL COURTS ACT, 2015 R/W SECTION
                37(1) (C) OF ARBITRATION AND CONCILIATION ACT, 1996,
                PRAYING TO SET ASIDE THE IMPUGNED JUGDMENT DATED
                20/10/2022 PASSED BY LXXXV-ADDITIONAL CITY CIVIL AND
                SESSIONS JUDGE [HON'BLE COMMERCIAL COURT (CCH-86)]
                IN COM.A.P NO.55/2022 (ANNEXURE-A).
                                 -2-
                                          NC: 2024:KHC:18703-DB
                                          COMAP No. 24 of 2023




     THIS COMMERCIAL APPEAL, COMING ON FOR ORDERS,
THIS DAY, K. SOMASHEKAR .J., DELIVERED THE FOLLOWING:


                            JUDGMENT

This appeal is filed by the appellant challenging the

impugned judgment rendered by the Court below in

COMAP No.55/2022 dated 20.10.2022 vide Annexure-A.

The Arbitration suit filed by the petitioner/claimant under

Section 34(2) of Arbitration and Conciliation Act, 1996

seeking to set aside the impugned award dated

22.10.2021 passed by the Arbitrator came to be allowed

and the impugned award dated 22.10.2021 was

accordingly set-aside.

Learned counsel for the appellant has filed a memo

seeking withdrawal of the appeal. In the memo it is stated

that the parties to the above appeal have amicably settled

their inter-se dispute by way of a mediation process before

the Bangalore Mediation Centre. A certified copy of the

settlement agreement dated 07.03.2024 is produced for

the purpose of reference.

NC: 2024:KHC:18703-DB

The memo is taken on record. Consequently, the

appellant is permitted to withdraw the appeal as sought

for.

Sd/-

JUDGE

Sd/-

JUDGE

DKB