M/S Nagson And Co vs Dr. K N Satish
2024 Latest Caselaw 22793 Kant

Karnataka High Court

M/S Nagson And Co vs Dr. K N Satish on 9 September, 2024

                                               -1-
                                                       NC: 2024:KHC:36710-DB
                                                        MFA No. 576 of 2024




                      IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                        DATED THIS THE 9TH DAY OF SEPTEMBER, 2024
                                          PRESENT
                         THE HON'BLE MRS JUSTICE ANU SIVARAMAN
                                               AND
                          THE HON'BLE MR JUSTICE G BASAVARAJA
                  MISCELLANEOUS FIRST APPEAL NO. 576 OF 2024 (AA)


                 BETWEEN:

                 1.    M/S NAGSON AND CO.
                       REGISTERED PARTNERSHIP FIRM
                       UNDER THE PROVISIONS OF
                       PARTNERSHIP ACT 1932,
                       HAVING ITS PLACE OF
                       BUSINESS AT NO.42, 3RD CROSS,
                       INDUSTRIAL SUBURB, YESHWANTHPUR,
                       BENGALURU-560022
                       REPRESENTED BY ITS MANAGING PARTNER,
                       SRI. K.N. BALASUBRAMANYAM.

                 2.    SRI. K N BALASUBRAMANYAM
                       AGED ABOUT 67 YEARS,
Digitally              S/O LATE SRI. K N NAGARAJ,
signed by
NANDINI D              MANAGING PARTNER,
Location: High
Court of
                       NAGSON AND CO., NO.42, 3RD CROSS,
Karnataka              INDUSTRIAL SUBURB, YESHWANTHPUR,
                       BENGALURU-560022.
                                                               ...APPELLANTS
                 (BY SRI. MALLIKARJUN N.K., ADV. FOR
                  SRI. SAMPATH A., ADV.)


                 AND:

                 1.    DR. K. N. SATISH,
                       AGED ABOUT 69 YEARS,
                       S/O LATE K.N. NAGRAJ,
                               -2-
                                    NC: 2024:KHC:36710-DB
                                     MFA No. 576 of 2024




     R/AT NO.593/3, 11TH MAIN ROAD,
     MALLESHWARAM, BENGALURU-560003

2.   SMT. K N SUDHA
     AGED ABOUT 70 YEARS,
     D/O LATE SRI K N NAGRAJ,
     PARTNER, NAGSON AND CO,
     BENGALURU.

3.   SMT. K. N. RAJALAKSHMI
     AGED ABOUT 65 YEARS,
     D/O LATE K. N. NAGRAJ,
     BENGALURU,

     RESPONDENT NO.3 AND 4 ARE
     R/AT NO.42, 3RD CROSS,
     INDUSTRIAL SUBURB, YESHWANTHPUR,
     BENGALURU-560022.

4.   HON'BLE SHRI JUSTICE V JAGANATHANA
     HON'BLE ARBITRATOR,
     ARBITRATION AND CONCILIATION CENTRE,
     BENGALURU, (DOMESTIC AND INTERNATIONAL)
     KHANIJA BHAVAN, BENGALURU-560001.
                                        ...RESPONDENTS


     THIS MFA IS FILED UNDER SECTION 37(1)(c) OF THE
ARBITRATION AND CONCILIATION ACT, AGAINST THE ORDER
DATED 11.04.2023 PASSED IN AC.NO.660/2022 THE FILE OF
THE ARBITRAL TRIBUNAL OF SHRI JUSTICE V JAGANNATHAN
SOLE ARBITRATOR AT ARBITRATION CONCILIATION CENTRE,
BENGALURU DOMESTIC AND INTERNATIONAL. PARTLY
ALLOWING THE    APPLICATION FILED FOR VACATING THE
INTERIM ORDER.

    THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM:    HON'BLE MRS JUSTICE ANU SIVARAMAN
          and
          HON'BLE MR JUSTICE G BASAVARAJA
                                -3-
                                         NC: 2024:KHC:36710-DB
                                           MFA No. 576 of 2024




                     ORAL JUDGMENT

(PER: HON'BLE MRS JUSTICE ANU SIVARAMAN)

Heard the learned counsel for the appellants.

This appeal is dismissed as withdrawn without

noticing the contentions of the petitioners and they have

every right to raise the available grounds at the

appropriate time.

Sd/-

(ANU SIVARAMAN) JUDGE

Sd/-

(G BASAVARAJA) JUDGE

SSD