Union Of India vs M/S Padmavathy Builder
2024 Latest Caselaw 25526 Kant

Karnataka High Court

Union Of India vs M/S Padmavathy Builder on 25 October, 2024

                                                  -1-
                                                          NC: 2024:KHC:43039-DB
                                                             COMAP No. 1 of 2022




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                             DATED THIS THE 25TH DAY OF OCTOBER, 2024
                                               PRESENT
                              THE HON'BLE MR JUSTICE V KAMESWAR RAO
                                                 AND
                                 THE HON'BLE MR JUSTICE S RACHAIAH
                                 COMMERCIAL APPEAL NO. 1 OF 2022
                      BETWEEN:

                      1.    UNION OF INDIA
                            REPRESENTED BY
                            THE GENERAL MANAGER
                            SOUTH WESTERN RAILWAY
                            GADAG ROAD, HUBLI.

                      2.    THE CHIEF ADMINISTRATE OFFICER
                            CONSTRUCTION,
                            SOUTH WESTERN RAILWAY
                            NO.18, MILLERS ROAD, BANGALORE - 560 046.

                      3.    THE CHIEF ENGINEER /WEST CONSTRUCTIONS
                            SOUTH WESTERN RAILWAY,
                            NO.18, MILLERS ROAD, BANGALORE - 560 046.
Digitally signed by
SREEDHARAN
BANGALORE             4.    THE DEPUTY CHIEF ENGINEER/CENTRAL
SUSHMA LAKSHMI              CONSTRUCTIONS
Location: HIGH              SOUTH WESTERN RAILWAY,
COURT OF
KARNATAKA                   NO.18, MILLERS ROAD, BANGALORE - 560 046.

                                                                   ...APPELLANTS
                      (BY SRI. N SHIVAKUMAR, CGC FOR A1-A4)

                      AND:

                            M/S PADMAVATHY BUILDER
                            NO.9, PADMINI ENCLAVE,
                            7TH CROSS, YEJAMANAPPA LAYOUT,
                            NAGASHETTY HALLI, SANJAYNAGAR,
                                 -2-
                                             NC: 2024:KHC:43039-DB
                                              COMAP No. 1 of 2022




    BANGALORE - 560 094.
    REPTED BY ITS PARTNER:
    SRI. CH.S.G.KRISHNAMA RAJU

                                                    ...RESPONDENT
(BY SRI. VASU DEVA NAIDU S, ADVOCATE)

     THIS COMAP IS FILED U/S 13(1A) OF COMMERCIAL
COURT ACT, 2015 PRAYING TO SET ASIDE THE ORDER DATED
09/04/2021 IN COM.A.A.NO.132/2020 PASSED BY THE LXXXIII
ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-
84) AND 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)

Learned counsel for the appellants has filed a memo for

withdrawal. The same is taken on record.

2. The memo for withdrawal reads as under:

"It is humbly submitted that the arbitration proceedings have commenced in AC No.135/2023 before the Learned Sole Arbitrator and in presently pending for adjudication. Hence, in view of the above fact, it is humbly prayed that this Hon'ble Court may kindly permit the Appellants herein to withdraw the above mentioned appeal, in the interest of Justice."

NC: 2024:KHC:43039-DB

3. Learned counsel for the appellants reiterates the

prayer for withdrawal of the appeal. The appeal is dismissed as

withdrawn.

4. In view of the dismissal of the appeal,

I.A.Nos.1/2021 and 2/2021 do not survive for consideration,

Accordingly, the same are disposed of.

SD/-

(V KAMESWAR RAO) JUDGE

SD/-

(S RACHAIAH) JUDGE

JS/-