M/S S K Public School vs M/S Thirumeni Finance Private Limited
2024 Latest Caselaw 27110 Kant

Karnataka High Court

M/S S K Public School vs M/S Thirumeni Finance Private Limited on 12 November, 2024

                                              -1-
                                                     NC: 2024:KHC:45723-DB
                                                    COMAP No. 129 of 2022




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                      DATED THIS THE 12TH DAY OF NOVEMBER, 2024

                                         PRESENT
                        THE HON'BLE MR JUSTICE V KAMESWAR RAO
                                              AND
                           THE HON'BLE MR JUSTICE S RACHAIAH
                        COMMERCIAL APPEAL NO. 129 OF 2022 (AA)


                BETWEEN:

                1.    M/S. S.K PUBLIC SCHOOL,
                      # T.GOLLAHALLI, ELECTRONIC CITY (P),
                      ANEKAL TALUK, BENGALURU - 560 100,
                      REPRESENTED BY ITS PRINCIPAL.

                2.    M/S. SREE KARI BASAVESHWARA
                      EDUCATIONAL AND RURAL
                      DEVELOPMENT TRUST,
                      # T.GOLLAHALLI, ELECTRONIC CITY (P),
                      ANEKAL TALUK, BENGALURU - 560 100,
                      REPRESENTED BY ITS TRUSTEE'S.
Digitally
signed by K G   3.    MR. AJAPPA.B.,
RENUKAMBA
Location:
                      S/O. BISTAPPA,
High Court of         AGED ABOUT 44 YEARS,
Karnataka             NO.E - 763, BALAJI LAYOUT,
                      NEAR GANGHA TEMPLE,
                      # T.GOLLAHALLI, ELECTRONIC CITY (P),
                      BENGALURU - 560 100.

                4.    MRS. PATIL SHANTHA,
                      W/O. MR. AJJAPPA,
                      AGED ABOUT 35 YEARS,
                      E-763, BALAJI LAYOUT,
                      NEAR GANGHA TEMPLE,
                      # T.GOLLAHALLI,
                      ELECTRONIC CITY (P),
                             -2-
                                    NC: 2024:KHC:45723-DB
                                   COMAP No. 129 of 2022




     BENGALURU - 560 100.
                                             ...APPELLANTS
(BY SRI. RAVINDRA V.S., ADVOCATE (ABSENT))


AND:

1.   M/S. THIRUMENI FINANCE PRIVATE LIMITED,
     5BC - 110, 3RD FLOOR, VARASIDDHI,
     OUTER RING ROAD, SERVICE ROAD,
     3RD BLOCK, HRBR LAYOUT,
     KALYAN NAGAR, BENGALURU - 560 043,
     REPRESENTED BY IT'S LEGAL MANAGER.

2.   SRI. GANGADHAR K.M.,
     SOLE ARBITRATOR,
     RETIRED CIVIL JUDGE AND JMFC,
     OFFICE AT FLAT NO. 102, NO.26,
     NEAR CLUNY CONVENT, 1ST FLOOR,
     WEST PARK APARTMENT, 14TH CROSS,
     11TH MAIN, MALLESHWARAM,
     BANGALORE - 560 003.
                                          ...RESPONDENTS

(BY SRI. JAI M.PATIL, ADVOCATE FOR R1 (ABSENT),
  (NOTICE IS NOT OREDRED IN R/O R2))

     THIS MFA IS FILED U/S.37(1) OF ARBITRATION AND
CONCILIATION ACT, SET ASIDE THE IMPUGNED ORDER DATED
25.10.2021 PASSED IN COMMERCIAL A.S.NO.49/2021 BY THE
X ADDITIONA DISTRICT AND SESSIONS JUDGE (DEDICATED
COMMERCIAL COURT), BENGALURU RURAL, DISTRICT,
BENGALURU ON THE PETITION FILED BY THE APPELLANTS
UNDER SECTION 34 OF THE ARBITRATION AND CONCILIATION
ACT, CONSEQUENTLY ALLOW THIS APPEAL FILED UNDER
SECTION 37 OF THE ARBITRATION AND CONCILIATION ACT.


    THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
                                  -3-
                                           NC: 2024:KHC:45723-DB
                                          COMAP No. 129 of 2022




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.

2. There was no appearance for the appellant even on

the last date of hearing.

3. Hence, the appeal is dismissed for non-prosecution

and in default.

4. Pending I.A.No.2/2022 do not survive for

consideration and stands disposed of.

Sd/-

(V KAMESWAR RAO) JUDGE

Sd/-

(S RACHAIAH) JUDGE SMC