Safiya M S vs Idfc First Bank Limited
2024 Latest Caselaw 27417 Kant

Karnataka High Court

Safiya M S vs Idfc First Bank Limited on 14 November, 2024

                                         -1-
                                                   NC: 2024:KHC:46214-DB
                                                   MFA No. 3206 of 2023




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                  DATED THIS THE 14TH 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. 3206 OF 2023 (AA)

            BETWEEN:

            1.    SAFIYA M S
                  W/O NOOR MOHAMMED
                  AGED ABOUT 40 YEARS,

            2.    MR. NOOR MOHAMMED
                  S/O AHMED PASHA
                  AGED ABOUT 46 YEARS,

            3.    SAFIYA M S
                  W/O NOOR MOHAMMED
                  AGED ABOUT 40 YEARS,
Digitally
signed by
NARAYANA          ALL ARE RESIDING AT
UMA               NO. F-202, RENAISSANCE EXOTICA
Location:
HIGH              JAKKUR PLANTATION, JAKKUR
COURT OF          BANGALORE - 560 064.
KARNATAKA

                                                           ...APPELLANTS
            (BY SRI. ANJAN KUMAR B N, ADVOCATE)

            AND:


            1.    IDFC FIRST BANK LIMITED
                  EARLIER KNOWN AS CAPITAL FIRST LIMITED,
                  REGISTERED OFFICE AT: K R M TOWERS
                           -2-
                                    NC: 2024:KHC:46214-DB
                                    MFA No. 3206 of 2023




     7TH FLOOR, NO:1, HARRINGTON ROAD,
     CHETPET, CHENAI - 60031.

     BRANCH OFFICE AT:
     K C A ENCLAVE, 2ND FLOOR,
     POLICE STATION ROAD, KORAMANGALA
     BANGALORE - 560 095.
     REP BY ITS LEGAL OFFICER AND
     AUTHORIZED REP M.S. RAJALAKSHMI

2.   SRI. MANJU N GOWDA
     ADVOCATE AND SOLE ARBITRATOR
     CHAMBER NO.9, 8TH CORSS,
     VICTORIA LAYOUT,
     BENGALORE - 560 047.

                                          ...RESPONDENTS

      THIS MFA IS FILED UNDER SECTION 37(1)(c) OF THE
ARBITRATION AND CONCILIATION ACT, PRAYING TO ALLOW
THE APPEAL AND SET ASIDE THE AWARD DATED: 05.12.2019
PASSED BY THE SOLE ARBITRATOR, SRI. MANJU N GOWDA, IN
A.P NO: 0095/2019 (IDFC) DATED 05.12.2019, AND LATER
CONFIRMED BY XIII ADDL. CITY CIVIL AND SESSIONS JUDGE,
MAYOHALL UNIT BENGALURU (CCH-22) IN AS NO:25003/2020
IN JUDGMENT AND DECREE DATED:15.03.2023.



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


CORAM:   HON'BLE MR JUSTICE V KAMESWAR RAO
         and
         HON'BLE MR JUSTICE S RACHAIAH
                                       -3-
                                                   NC: 2024:KHC:46214-DB
                                                   MFA No. 3206 of 2023




                       ORAL JUDGMENT

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

There is no appearance for the appellants even on the

second call. Memo is filed by the appellants, which reads as

under:

"The appellant''s of the above case humbly submit before this Hon'ble Court that, the above case has been amicably settled between the appellant and 1st respondent for the total settlement amount of Rs.3,93,336/- (Rupees three lakh ninety three thousand and three hundred thirty six only), the settlement letter dated 22.10.2024 issued by 1st respondent is produced for the kind perusal of this Hon'ble Court, hence the appellants prays that this Hon'ble Court may kindly permit them to withdraw the above appeal in view of the aforesaid settlement in the interest of justice and equity."

Accordingly, the appeal is dismissed as withdrawn.

Sd/-

(V KAMESWAR RAO) JUDGE

Sd/-

(S RACHAIAH) JUDGE