D M Chetan vs Dr Rupesh S Iyengar
2024 Latest Caselaw 28005 Kant

Karnataka High Court

D M Chetan vs Dr Rupesh S Iyengar on 22 November, 2024

                                               -1-
                                                       NC: 2024:KHC:47562-DB
                                                       MFA No. 4071 of 2022




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                         DATED THIS THE 22ND 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. 4071 OF 2022 (AA)
                   BETWEEN:

                   D M CHETAN
                   PROPRIETOR M/S DROOL
                   S/O D.M.SRIDHAR
                   AGED ABOUT 31 YEARS
                   RESIDING AT # 625
                   11TH B MAIN, JAYANAGAR, 5TH BLOCK
                   BENGALURU - 560 041.
                                                                ...APPELLANT
                   (BY SRI. V PRASANNA KUMAR, ADVOCATE FOR
                       SRI. RAVI H K, ADVOCATE)
                   AND:

                   1.    DR. RUPESH S. IYENGAR
                         S/O SATISH N IYENGAR
Digitally signed         AGED ABOUT 34 YEARS
by SREEDHARAN
BANGALORE                RESIDING AT # 1306/10
SUSHMA
LAKSHMI
                         29TH B CROSS, 13TH MAIN
Location: HIGH           4TH BLOCK, EAST JAYANAGAR
COURT OF
KARNATAKA                BENGALURU - 560 011.
                   2.    J S SOMASHEKAR
                         SOLE ARBITRATOR
                         KHANIJA BHAVAN
                         NO 49, 3RD FLOOR, EAST WING
                         RACE COURSE ROAD
                         BENGALURU - 560 001.
                                                             ...RESPONDENTS
                   (BY SRI. AMSHUMAN. M, ADVOCATE FOR R1;
                       R2 IS SERVED AND UNREPRESENTED)
                                  -2-
                                           NC: 2024:KHC:47562-DB
                                           MFA No. 4071 of 2022




     THIS MFA IS FILED UNDER SECTION 37(1)(c) OF THE
ARBITRATION AND CONCILIATION ACT AGAINST THE
JUDGMENT AND DECREE DATED 18.10.2021 PASSED IN
ARBITRATION SUIT NO.66/2019 PASSED BY THE VIII
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AND SETTING
ASIDE THE AWARD DATED 16.03.2018 PASSED IN
A.C.NO.27/2018 PASSED BY THE RESPONDENT NO.2.
    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

                        ORAL JUDGMENT

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

Learned counsel for the appellant states that as the

parties have settled their dispute, the appeal has become

infructuous and he wishes to withdraw the appeal.

2. The appeal is dismissed as withdrawn as having

become infructuous.

3. In view of disposal of the appeal, I.A.No.1/2022 do

not survive for consideration.

Sd/-

(V KAMESWAR RAO) JUDGE

Sd/-

(S RACHAIAH) JUDGE