Sri. Kamal Kumar vs M/S Future Capital Holding Ltd
2024 Latest Caselaw 25370 Kant

Karnataka High Court

Sri. Kamal Kumar vs M/S Future Capital Holding Ltd on 24 October, 2024

                                           -1-
                                                      NC: 2024:KHC:42831-DB
                                                      MFA No. 8879 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. 8879 OF 2017 (AA)
                BETWEEN:

                1.    SRI. KAMAL KUMAR,
                      S/O SRI. MAHAVEER CHAND JAIN,
                      AGED ABOUT 50 YEARS,
                      R/AT NO.30/33,
                      JAIN DARSHN APARTMENT,
                      OPPOSITE NEHRU CIRCLE,
                      BENGALURU - 560 020.

                2.    SMT. PARIMALA ANCHALIYA,
                      W/O SRI. KAMAL KUMAR,
                      AGED ABOUT 50 YEARS,
                      R/AT: NO.30/33,
                      JAIN DARSHN APARTMENT,
Digitally
signed by K G         OPPOSITE NEHRU CIRCLE,
RENUKAMBA             BENGLAURU - 560 020.
Location:                                                     ...APPELLANTS
High Court of   (BY SRI. KIRAN RAMESH, ADVOCATE FOR
Karnataka           SRI. C.CHETHAN, ADVOCATE)

                AND:

                1.    M/S FUTURE CAPITAL HOLDING LTD.,
                      EARLIER KNOWN AS FUTURE CAPITAL
                      FIN SERVICES LTD.,
                      HAVING ITS REGISTERED OFFICE AT
                      FCH HOUSE,
                      LOWER PAREL, MUMBAI,
                      AND ITS BRANCH OFFICE AT NO.1,
                             -2-
                                    NC: 2024:KHC:42831-DB
                                     MFA No. 8879 of 2017




     NO.5TH BLOCK, 100FT ROAD,
     ABOVE TITAN EYE SHOW ROOM,
     OPP. CANARA BANK,
     KORAMANGALA,
     BENGALURU - 560 095.

2.   SMT. PRAANNA VIJAY KUMAR,
     ARBITRATOR,
     R/AT NO.8 "C" CROSS,
     SILVER STAR FARM LAYOUT
     (SRINIVASA LAYOUT),
     LINGARAJAPURAM,
     BENGALURU - 560 084.
                                          ...RESPONDENTS
(BY SRI. V.SURESH, ADVOCATE FOR R1,
    R2 IS SERVED AND UNREPRESENTED)

     THIS MFA IS FILED U/S.37(1)(C) OF THE ARBITRATION
AND CONCILIATION ACT, 1996 AGAINST THE JUDGMENT AND
AWARD DT.28.08.2017 PASSED IN A.S.NO.112/2013 ON THE
FILE OF THE 6TH ADDITIONAL CITY CIVIL & SESSIONS JUDGE,
BENGALURU CITY (CCH-11), DISMISSING THE SUIT FILED
U/S.34 OF THE ARBITRATION AND CONCILIATION ACT, ETC.

    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 appellants has drawn our

attention to the memo dated 23.07.2024, which reads as

under:

NC: 2024:KHC:42831-DB

"The above matter between the appellants and the Respondents is herby settled out of the Court. The appellants has paid the entire agreement amount with the respondents. The appellants herein submit the following documents, the same may be taken on record.

1. No Due Certificate dated 18.07.2024 issued by the IDGFC First Bank in favour of the Judgment Debtor herein in respect of the Mortagaged Property.

The above memo may be taken on record in the interest of justice and equity and dismiss the above appeal as withdrawn."

2. Learned counsel for the appellants reiterates the

prayer for withdrawal of the appeal.

3. Accordingly, the appeal is dismissed as withdrawn.

Sd/-

(V KAMESWAR RAO) JUDGE

Sd/-

(S RACHAIAH) JUDGE SMC