Sri V Padmanabhan vs The Manager
2024 Latest Caselaw 26793 Kant

Karnataka High Court

Sri V Padmanabhan vs The Manager on 8 November, 2024

                                          -1-
                                                    NC: 2024:KHC:45274-DB
                                                    MFA No. 4821 of 2015




                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                      DATED THIS THE 8TH DAY OF NOVEMBER, 2024
                                       PRESENT
                      THE HON'BLE MR JUSTICE V KAMESWAR RAO
                                          AND
                         THE HON'BLE MR JUSTICE S RACHAIAH
                    MISCELLANEOUS FIRST APPEAL NO. 4821 OF 2015 (AA)
             BETWEEN:

             SRI V PADMANABHAN
             S/O SRI VISWANATHAN,
             AGED ABOUT 42 YEARS
             R/AT NO.20 "B", SKANDA NILAYA,
             OLD NO.542, KHATHA NO.555, 1ST MAIN,
             RMS COLONY, OLD MADRAS ROAD,
             BHATTARAHALLI, WARD NO.19,
             BIDARAHALLI HOBLI,
             BANGALORE-560 060.                          ...APPELLANT
             (BY SRI. H R SANJEEVE GOWDA, ADVOCATE)
             AND:
             1.   THE MANAGER
                  M/S SHRIRAM CITY UNION FINANCE LIMITED,
                  HAVING ADMINISTRATIVE OFFICE AT NO.196,
                  SHRI TOWER, 1ST FLOOR, ABOVE HDFC BANK,
                  10TH CROSS, WILSON GARDEN,
Digitally         BANGALORE-560 027
signed by
NARAYANA          REPRESENTED BY ITS MANAGER.
UMA
Location:
HIGH COURT   2.   THE ARBITRATOR
OF                MR INDRAJEET SHAH,
KARNATAKA
                  ADVOCATE AND ARBITRATOR
                  NO.196, 1ST FLOOR, 10TH CROSS,
                  ABOVE HDFC BANK, WILSON GARDEN,
                  BANGALORE-560 027.
                                                            ...RESPONDENTS
                  THIS MFA IS FILED U/S.37(1)(a) OF THE ARBITRATION &
             CONCILIATION ACT, 1996 AGAINST THE JUDGMENT AND DECREE
             DATED: 26.03.2014 PASSED IN A.S.NO.46/2012 ON THE FILE OF
             THE 6TH ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
             BANGALORE CITY, DISMISSING THE APPEAL FILED U/SEC.34 OF THE
             ARBITRATION AND CONCILIATION ACT AND ETC.,
                                -2-
                                         NC: 2024:KHC:45274-DB
                                          MFA No. 4821 of 2015




     THIS APPEAL, COMING ON FOR ORDERS,               THIS   DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:


CORAM:       HON'BLE MR JUSTICE V KAMESWAR RAO
             and
             HON'BLE MR JUSTICE S RACHAIAH


                         ORAL JUDGMENT

(PER: HON'BLE MR JUSTICE V KAMESWAR RAO)

There is no appearance for the appellant even on the

second call. Despite notice issued on 24.03.2021, the appellant

has not furnished the process fee as is clear from the notings of

the Registry dated 04.06.2021, 24.08.2021, 19.01.2022,

25.01.2022, 09.06.2022 and also 05.11.2024.

Hence, the appeal is dismissed for non-prosecution and in

default.

Pending I.As. do not survive for consideration and they

stand disposed of.

Sd/-

(V KAMESWAR RAO) JUDGE

Sd/-

(S RACHAIAH) JUDGE

Bss