Sri Chikkanna vs M/S Atria Convergence Technologies Pvt ...
2024 Latest Caselaw 26801 Kant

Karnataka High Court

Sri Chikkanna vs M/S Atria Convergence Technologies Pvt ... on 8 November, 2024

                                          -1-
                                                   NC: 2024:KHC:45273-DB
                                                   MFA No. 5743 of 2021




                   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. 5743 OF 2021 (AA)
             BETWEEN:
             SRI CHIKKANNA
             S/O NARSUMAIAH,
             AGED ABOUT 50 YEARS,
             NO.820, GAYATHRI NILAYA,
             M.B.S. ROAD, JALAHALLI,
             BANGALORE -560 054.                             ...APPELLANT
             (BY SRI. UDAY KUMAR H B, ADVOCATE)
             AND:
             1.   M/S ATRIA CONVERGENCE TECHNOLOGIES PVT LTD
                  TRADE CENTRE, 4TH FLOOR,
                  NO.29/4, RACE COURSE ROAD,
                  BANGALORE-560 001.
                  REPRESENTED BY ITS MANAGING DIRECTOR.
             2.   M/S ATRIA BROADBAND
                  SERVICES PVT LTD
Digitally         TRADE CENTER, 4TH FLOOR,
signed by
NARAYANA          NO.29/4, RACE COURSE ROAD,
UMA
Location:
                  BANGALORE 560 001.
HIGH COURT        REPRESENTED BY ITS MANAGING DIRECTOR.   ...RESPONDENTS
OF
KARNATAKA
                   THIS MFA IS FILED UNDER SECTION 37(C) OF ARBITRATION &
             CONCILIATION ACT, AGAINST ORDER DT.28.08.2020 PASSED IN
             A.S.NO.69/2010 ON THE FILE OF THE XIX ADDL. CITY CIVIL AND
             SESSIONS JUDGE, BENGALURU CITY (CCH.18), DISMISSING THE
             SUIT FILED U/S 34 OF ARBITRATION AND CONCILIATION ACT 1996.

                  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
                                   -2-
                                             NC: 2024:KHC:45273-DB
                                              MFA No. 5743 of 2021




                      ORAL JUDGMENT

(PER: HON'BLE MR JUSTICE V KAMESWAR RAO) There is no appearance for the appellant even on the

second call. We also note that the counsel for the appellant

namely Sri Uday Kumar.H.B. has filed a memo of retirement,

which reads as under:-

MEMO OF RETIREMENT The undersigned counsel for the Appellant has issued a Notice for Retirement dated 01/03/2024 to the Appellant, which has been returned as "No Such Person in this address" on 7/03/2024. The office copy of the Notice and copy of the Postal Acknowledgement along with returned postal cover has been enclosed herewith and the counsel may be permitted to retire from the above case, in the interest of justice and equity.

In view of the aforesaid, as there is no representation on

behalf of the appellant, the appeal is dismissed for

non-prosecution and in default.

Pending I.A. does not survive for consideration and it

stands disposed of.

Sd/-

(V KAMESWAR RAO) JUDGE

Sd/-

(S RACHAIAH) JUDGE