Sri Vijaya @ Vijaya Kumar vs M/S Shriram Transport
2024 Latest Caselaw 25705 Kant

Karnataka High Court

Sri Vijaya @ Vijaya Kumar vs M/S Shriram Transport on 29 October, 2024

                                              -1-
                                                     NC: 2024:KHC:43501-DB
                                                     MFA No. 2691 of 2017




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 29TH 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.2691 OF 2017 (AA)
                   BETWEEN:

                   SRI VIJAYA @ VIJAYA KUMAR
                   S/O. SUBBA NAIK
                   AGED ABOUT 31 YEARS
                   RESIDING AT HOSAANAGADI
                   KUNDAPURA TALUK
                   UDUPI DISTRICT - 576 101
                   PRESENT ADDRESS
                   SHARAVATHINAGAR, 2ND CROSS
                   SHIMOGA.
                                                              ...APPELLANT
                   (BY SRI NAGENDRA NAIK R., ADVOCATE)

                   AND:
Digitally signed
by SREEDHARAN      1.    M/S. SHRIRAM TRANSPORT
BANGALORE                FINANCE COMPANY LIMITED
SUSHMA
LAKSHMI                  1ST FLOOR, MARIYA COMPLEX
Location: HIGH           OPP. INDIAN OIL PETRO
COURT OF
KARNATAKA                VADDAHARA HOBLI
                          KUNDAPURA - 576 227.

                   2.    SHRIRAM TRANSPORT
                         FINANCE COMPANY LIMITED
                         ANGAPPA MAICKEN STREET
                         CHENNAI - 600 001.

                   3.    M/S. SHRIRAM TRANSPORT
                         FINANCE COMPANY LIMITED
                                -2-
                                         NC: 2024:KHC:43501-DB
                                          MFA No. 2691 of 2017




    SHIVA CHAMBERS SETTER 11
    101, 1ST FLOOR, BOWING , CBD
    BELAPURA, NAVIN MUMBAI - 400 614.
                                                ...RESPONDENTS
(BY SRI RAJESWARA P. N., ADVOCATE FOR R-1 TO R-3)

      THIS MFA IS FILED UNDER SECTION 37(1)(b) OF THE
ARBITRATION AND CONCILIATION ACT, 1996, AGAINST THE
ORDER DATED 16.12.2016 PASSED IN I.A.NO.1 IN
A.A.NO.80/2016 ON THE FILE OF THE XL ADDITIONAL CITY
CIVIL   AND    SESSIONS    JUDGE(CCH-41), BENGALURU,
DISMISSING THE I.A.NO.1 FILED UNDER ORDER XXXIX RULES
1 AND 2 READ WITH SECTION 151 OF CPC, CONSEQUENTLY
DISMISSING THE PETITION FILED UNDER SECTION 9 OF THE
ARBITRATION AND CONCILIATION ACT, 1966.

    THIS MFA, 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)

The learned counsel for the appellant states that he shall

withdraw the appeal as the same has become infructuous.

2. The said submission is taken on record.

3. In view of the said submission, the appeal is

dismissed as withdrawn.

NC: 2024:KHC:43501-DB

4. In view of the dismissal of the appeal, pending

I.A.No.1/2017 does not survive for consideration. Accordingly,

the same is disposed of.

SD/-

(V KAMESWAR RAO) JUDGE

SD/-

(S RACHAIAH) JUDGE

JS