M/S.Smw Ispat Private Limited vs Zetwerk Manufacturing Business ...
2025 Latest Caselaw 11266 Kant

Karnataka High Court

M/S.Smw Ispat Private Limited vs Zetwerk Manufacturing Business ... on 12 December, 2025

                                            -1-
                                                    NC: 2025:KHC:52839-DB
                                                    COMAP No. 14 of 2025


                HC-KAR




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                         DATED THIS THE 12TH DAY OF DECEMBER, 2025

                                         PRESENT

                      THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE

                                           AND

                          THE HON'BLE MR. JUSTICE C.M. POONACHA

                            COMMERCIAL APPEAL NO. 14 OF 2025
               BETWEEN:
               1.   M/S SMW ISPAT PRIVATE LIMITED
                    A COMPANY INCORPORATED UNDER THE
                    COMPANIES ACT, 2013 AND HAVING ITS
                    OFFICE AT PLOT C- 2, MIDC,
                    DEOLI GEOWTH CENTRE, DEOLI,
                    MAHARASHTRA - 442101
                    REPRESENTED BYITS AUTHORIZED
                    SIGNATORY MR SANTHOSH V S
                                                             ...APPELLANT
               (BY SRI ABHISHEK A., ADVOCATE)


Digitally      AND:
signed by      1.   ZETWERK MANUFACTURING
AMBIKA H B          BUSINESS PRIVATE LIMITED
Location:           A COMPANY INCORPORATED UNDER THE
High Court          COMPANIES ACT, 2013 AND HAVING ITS
of Karnataka        OFFICE AT NO 461, ORIENTAL TOWERS
                    1ST FLOOR, 4TH SECTOR, 17TH CROSS
                    HSR LAYOUT, BENGALURU - 560102
                    REPRESENTED BY ITS
                    AUTHORIZED SIGNATORY
                                                          ...RESPONDENT

                    THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 13
               (1A) OF THE COMMERCIAL COURTS ACT, 2015 READ WITH
               SECTION 37 OF THE ARBITRATION AND CONCILIATION ACT, 1996,
                                  -2-
                                            NC: 2025:KHC:52839-DB
                                            COMAP No. 14 of 2025


 HC-KAR



PRAYING TO CALL FOR THE RECORDS OF LXXXVI ADDL. CITY
CIVIL & SESSIONS JUDGE, BENGALURU (COMMERCIAL COURT)
BENGALURU (CCH-87) & FURTHER BE PLEASED TO SET ASIDE
THE ORDER OF THE LXXXVI ADDL. CITY CIVIL & SESSIONS
JUDGE, (COMMERCIAL COURT) BENGALURU (CCH-87) DATED
20.09.2024 CONSEQUENTLY ALLOW THE IA No.1 (ANNEXURE-B)
REFFERING THE PARTIES TO ARBITRATION AND GRANT SUCH
OTHER AND FURTHER RELIEFS AS ARE JUST.

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

CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
       and
       HON'BLE MR. JUSTICE C.M. POONACHA

                        ORAL JUDGMENT

(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)

1. The present appeal is listed for dismissal as despite several

opportunities, the appellant has not cured the office objections.

Final opportunity was granted on 14.10.2025 but, the said

opportunity was not availed.

2. The learned counsel appearing for the appellant now seeks

to withdraw the present appeal. She also seeks liberty to pursue

the writ petition [W.P No.2200/2025].

3. The present appeal is dismissed as withdrawn. We clarify

that this order will not preclude the appellant from pursuing the writ

petition. However, the question whether the writ petition will be

NC: 2025:KHC:52839-DB

HC-KAR

maintainable or whether it is apposite to do so, is left open apart

from the merits of the said petition.

Sd/-

(VIBHU BAKHRU) CHIEF JUSTICE

Sd/-

(C.M. POONACHA) JUDGE

AHB List No.: 1 Sl No.: 1