Sri Raju S/O Holeppa Durgappagol vs Shriram Transport Finance Co.Ltd
2024 Latest Caselaw 27375 Kant

Karnataka High Court

Sri Raju S/O Holeppa Durgappagol vs Shriram Transport Finance Co.Ltd on 14 November, 2024

                                                -1-
                                                            NC: 2024:KHC-D:16701
                                                       MFA No. 104127 of 2024




                                IN THE HIGH COURT OF KARNATAKA,
                                        DHARWAD BENCH
                            DATED THIS THE 14TH DAY OF NOVEMBER, 2024

                                              BEFORE

                              THE HON'BLE MR. JUSTICE C.M. POONACHA

                        MISCELLANEOUS FIRST APPEAL NO.104127 OF 2024 (AA)

                   BETWEEN:
                   SRI RAJU S/O. HOLEPPA DURGAPPAGOL,
                   AGE: MAJOR, OCC: BUSINESS,
                   R/O: H.NO.635, BORAGAL,
                   TQ: HUKKERI, DIST: BELAGAVI - 591 236.
                                                                       ...APPELLANT
                   (BY SRI SANTOSH APPASAB BIRANAGI, ADVOCATE)

                   AND:
                   1.    SHRIRAM TRANSPORT FINANCE CO.LTD.,
                         SHRI TOWER, SOUTH PHASE, INDUSTRIAL ESTATE,
                         GUINDLY CHENNAI, TAMILNADU - 600 032.
                         REPRESENTED BY ITS AUTHORIZED OFFICER
                         SR. EXECUTIVE MR. TUKARAM SEVU RATHOS
                         1ST FLOOR, RANGOLE COMPLEX,
                         NEAR A.C.OFFICE, JAYANAGAR CROSS
                         CHIKKODI, DIST: BELAGAVI - 591 201.
Digitally signed
by SAROJA          2.    SHRI ANANDA MALLAPPA YASHAVANT,
HANGARAKI
Location: High
                         AGED MAJOR, OCC: BUSINESS,
Court of
Karnataka                R/O: BORAGAL, TQ: HUKKERI,
                         DIST: BELAGAVI - 591 236.
                                                                  ...RESPONDENTS
                         THIS MFA IS FILED UNDER SECTION 37(2)(b) OF THE
                   ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO, SET
                   ASIDE THE ORDER PASSED IN IA FILED U/S 73 OF THE INDIAN
                   EVIDENCE ACT R/W SECTION 15 OF CPC,     BEFORE THE SOLE
                   ARBITRATOR, ARBITRAL TRIBUNAL BELAGAVI IN ARB NO. 02/2023
                   DATED 13.09.2024 TO PASS AN ORDER REFEREEING THE ALLEGED
                   DOCUMENT LETTER OF CONSENT FOR EXAMINATION AND EXPERT
                   ADVICE TO THE FORENSIC SCIENCES LABORATORY MEETING THE
                   ENDS OF JUSTICE AND EQUITY. TO AWARD THE COSTS OF
                   LITIGATION. TO ALLOW THE APPELLANT TO AMEND THE APPEAL
                   MEMO AND URGE ANY ADDITIONAL GROUNDS, IF NECESSARY AT
                                       -2-
                                                  NC: 2024:KHC-D:16701
                                               MFA No. 104127 of 2024




THE TIME OF THE HEARING AND ADVANCEMENT                 OF ARGUMENTS
AND ETC.,
    THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:

CORAM:       THE HON'BLE MR. JUSTICE C.M. POONACHA

                              ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE C.M. POONACHA) Learned counsel for the appellant has filed a memo for

conversion of the appeal which reads as follows:

"It is submitted that as per this Hon'ble Court's order dated 14.11.2024 directed to perform conversion of appeal. I requesting this Hon'ble Court kindly allow me to carry out the conversion of the top-noted appeal. Hence the memo."

2. In view of the same, learned counsel for the

appellant is permitted to convert the above appeal as a writ

petition.

3. For statistical purpose the present appeal shall be

disposed of.

4. Learned counsel for the appellant to comply with

the requisites within one week.

Sd/-

(C.M. POONACHA) JUDGE