M/S Stanmed Labs vs Sri.H.N. Jayashankar
2024 Latest Caselaw 25371 Kant

Karnataka High Court

M/S Stanmed Labs vs Sri.H.N. Jayashankar on 24 October, 2024

                                                  -1-
                                                             NC: 2024:KHC:42833-DB
                                                          COMAP No. 153 of 2022




                           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
                                COMMERCIAL APPEAL NO. 153 OF 2022
                      BETWEEN:

                      1.    M/S. STANMED LABS,
                            HAVING OFFICE AT NO.428,
                            12TH CROSS, 4TH PHASE,
                            PEENYA INDUSTRIAL AREA,
                            BENGALURU.
                            ALSO AT:
                            M/S. STANMED LABS,
                            OFFICE AT NO.1518A,
                            8TH MAIN ROAD, 2ND STAGE,
                            A BLOCK, RAJAJINAGAR,
                            BENGALURU - 560 010,
                            REPRESENTED BY ITS PARTNER,
                            SRI. H. N. JAYAPRAKASH.

Digitally signed by   2.    SRI. H. N. JAYAPRAKASH,
K G RENUKAMBA
                            S/O. LATE H. NAGESH RAO,
Location: High
Court of                    CURRENTLY AGED ABOUT 62 YEARS,
Karnataka                   NO.275, APARTMENT STREET,
                            DODDABALLAPUR,
                            BENGALURU RURAL DISTRICT - 561 203.
                                                                      ...APPELLANTS
                      (BY SRI. T. SESHAGIRI RAO, ADVOCATE (ABSENT))


                      AND:

                      1.    SRI.H.N. JAYASHANKAR,
                            S/O. LATE H NAGESH RAO,
                            CURRENTLY AGED ABOUT 72 YEARS,
                            NO.1156 AND 1157,
                                -2-
                                       NC: 2024:KHC:42833-DB
                                      COMAP No. 153 of 2022




     5TH MAIN ROAD, A BLOCK,
     RAJAJINAGAR 2ND STAGE,
     BENGALURU - 560 010.

2.   SRI. H. V. RAMACHANDRA RAO,
     DISTRICT JUDGE RETD.,
     SOLE ARBITRATOR,
     ARBITRATION AND CONCILIATION CENTRE,
     KHANIJA BHAVAN,
     NO.49, 3RD FLOOR, EAST WING,
     KHANIJA BHAVAN,
     RACE COURSE ROAD,
     BENGALURU - 560 001.
                                           ...RESPONDENTS
(BY SRI. ARAVINDA BABU.B.S., ADVOCATE FOR R1)


     THIS COMAP IS FILED UNDER SECTION 13 (1-A) OF
COMMERCIAL COURT AT, 2013, PRAYING TO SET ASIDE THE
IMPUGNED ORDER DATED 18.01.2022 PASSED BY THE COURT OF
LXXXVII ADDL. CITY CIVIL AND SESSIONS JUDGE, (EXCLUSIVE
DEDICATED COMMERCIAL COURT) AT BENGALURU (CCH-88) AND
CONSEQUENTLY THE IMPUGNED AWARD IN A.C. NO. 154/2017
PASSED BY THE LEARNED ARBITRATOR, ETC.

    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)

None for the appellants even on the second call.

2. We note that, despite issuance of notice on

22.01.2024, learned counsel for the appellants has not

NC: 2024:KHC:42833-DB

furnished the process fee, cover acknowledgement, copies

etc.,

3. Hence, the appeal is dismissed for default and

non-prosecution.

Sd/-

(V KAMESWAR RAO) JUDGE

Sd/-

(S RACHAIAH) JUDGE

SMC