Sri.D.V.Satyanarayana vs M/S Global Associates
2024 Latest Caselaw 25354 Kant

Karnataka High Court

Sri.D.V.Satyanarayana vs M/S Global Associates on 24 October, 2024

                                             -1-
                                                     NC: 2024:KHC:42832-DB
                                                     MFA No. 2932 of 2017




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 24TH DAY OF OCTOBER, 2024

                                         PRESENT
                        THE HON'BLE MR JUSTICE V KAMESWAR RAO
                                            AND
                           THE HON'BLE MR JUSTICE S RACHAIAH
                 MISCELLANEOUS FIRST APPEAL NO. 2932 OF 2017 (AA)
                 BETWEEN:
                 SRI.D.V.SATYANARAYANA,
                 S/O. LATE. D.S VASUDEVA RAO,
                 AGED ABOUT 62 YEARS,
                 R/AT NO. 15, 6TH MAIN, 9TH CROSS,
                 R .K. LAYOUT, 1ST STAGE,
                 PADMANABHA NAGAR,
                 BSK 2ND STAGE,
                 BENGALURU - 560 070.
                                                           ...APPELLANT
                 (BY SRI. R.A.CHANDRASHEKARA REDDY, ADVOCATE)
                 (IA'S ARE DISPOSED OF)

                 AND:
Digitally
signed by K G    M/S. GLOBAL ASSOCIATES,
RENUKAMBA        H.M. GENEVA HOUSE,
Location: High   NO. 14, CUNNINGHAM ROAD,
Court of         BENGALURU - 560 052,
Karnataka        REPRESENTED BY ASSOCIATION OF PERSONS,
                 SHRI. H.J. SIWANI AND SRI. M.J. SIWANI.
                                                            ...RESPONDENT
                 (BY SRI. ABHINAV.R., ADVOCATE)

                       THIS MFA IS FILED UNDER SECTION 37(1)(B) OF THE
                 ARBITRATION AND CONCILIATION ACT,1996 AGAINST THE
                 ORDER DATED 24.11.2016, PASSED IN A.A.NO.25/2007, ON
                 THE FILE OF THE I ADDITIONAL CITY CIVIL AND SESSIONS
                 JUDGE, BENGALURU, DISMISSING THE APPLICATION FILED
                 UNDER SECTION 9 OF ARBITRATION AND CONCILIATION ACT
                 1996.
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                                                 NC: 2024:KHC:42832-DB
                                                 MFA No. 2932 of 2017




    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)

This appeal has been filed by the appellant herein

challenging the order dated 24.11.2016 passed by the I

Additional City Civil and Sessions Judge, Bangalore City ('Trial

Court' in short) (CCH No.2) in A.A.No.25/2007.

2. Concedingly, the said application was filed under

Section 9 of the Arbitration and Conciliation Act, 1996 ('Act

1996' in short).

3. Suffice to state, the application filed by the

appellant herein has been dismissed by the Trial Court.

4. We have been informed by the counsel for the

appellant that the appellant has expired. That apart, we have

also been informed that, the dispute between the parties, which

was referred to Arbitration, has resulted in an award, in favour

of the appellant.

NC: 2024:KHC:42832-DB

5. In fact, the challenge to the award by the sole

respondent has also been rejected by the Court deciding the

petition under Section 34 of the Arbitration and Conciliation Act

of 1996. According to the learned counsel for the respondent,

an appeal has been filed under Section 37 of the Act, 1996 but

the same has not been listed.

6. Be that as it may, in view of the aforesaid facts, the

appeal stands abated. Even otherwise, nothing further survives

for consideration in this appeal.

7. Pending I.A.Nos.1/2017, 2/2017 and 1/2022 do not

survive for consideration and stand disposed of.

Sd/-

(V KAMESWAR RAO) JUDGE

Sd/-

(S RACHAIAH) JUDGE

SMC