Sri Appa Balakrishna Mahale vs M/S Reliable Cashew Company Pvt Ltd
2024 Latest Caselaw 27289 Kant

Karnataka High Court

Sri Appa Balakrishna Mahale vs M/S Reliable Cashew Company Pvt Ltd on 13 November, 2024

                                         -1-
                                                 NC: 2024:KHC:45914-DB
                                                COMAP No. 175 of 2021




                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                    DATED THIS THE 13TH DAY OF NOVEMBER, 2024

                                      PRESENT
                       THE HON'BLE MR JUSTICE V KAMESWAR RAO
                                        AND
                         THE HON'BLE MR JUSTICE S RACHAIAH
                       COMMERCIAL APPEAL NO. 175 OF 2021 (AA)


                BETWEEN:

                SRI. APPA BALAKRISHNA MAHALE,
                PROPRIETOR OF M/S. SHRI. MANJUNATH PROCESSORS,
                BUILDING NO.272/A1, MAHALE COMPLEX,
                HONNAVAR TOWN,
                UTTARA KANNADA - 581 334,
                FACTORY AT: BUILDING NO.1316/3,
                SURVEY NO.33/5 AND 33/6,
                NH 17, KARKI,
                HONNAVAR.
                                                           ...APPELLANT
                (BY SRI.VINAYAKA B.VISHNU BATTA, ADVOCATE)
Digitally
signed by K G
RENUKAMBA       AND:
Location:
High Court of   M/S. RELIABLE CASHEW COMPANY PVT. LTD.,
Karnataka       A PRIVATE LIMITED COMPANY,
                REGISTERED UNDER INDIAN COMPANIES ACT,
                HAVING ITS REGISTERED OFFICE AT:
                PLOT NO.429,
                ROAD NO.10, INDUSTRIAL AREA,
                BAIKAMPADY,
                NEW MANGALORE - 575 011,
                REP BY ITS AUTHORIZED SIGNATORY,
                MR. B. RAM KUMAR.
                                                          ...RESPONDENT
                              -2-
                                       NC: 2024:KHC:45914-DB
                                      COMAP No. 175 of 2021




     THIS COMAP IS FILED UNDER SECTION 13 (1A) OF THE
COMMERCIAL    COURTS,    COMMERCIAL     DIVISION   AND
COMMERCIAL APPELLATE DIVISION OF HIGH COURTS ACT,
2015 PRAYING TO ALLOW THIS APPEAL, SET ASIDE THE
JUDGMENT AND ORDER PASSED IN COM.ARBITRATION
APPLICATION NO.2/2021 DATED 16.06.2021 ON THE FILE OF I
ADDL. DISTRICT & SESSIONS JUDGE, D.K., MANGALURU.

    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)

The learned counsel for the appellant has filed a memo

dated 13.11.2024, which reads as under:

"In the above matter, the appellant respectfully submits that, respondent has not initiated any arbitration proceedings within time under section 9 of arbitration and conciliation act. Therefore, the said impugned order has not been complied. In way of the same, the above appeal may kindly be disposed off as infructuous, with granting liberty to approach this Hon'ble Court, in the event of any subsequent development pursuant to impugned order in the interest of justice and equity."

Therefore, memo may kindly be taken on record in the interest of justice and equity".

NC: 2024:KHC:45914-DB

2. Accordingly, the appeal is dismissed as

infructuous.

3. Pending I.A.No.1/2021 do not survive for

consideration and stands disposed of

Sd/-

(V KAMESWAR RAO) JUDGE

Sd/-

(S RACHAIAH) JUDGE

SMC