Karnataka High Court
Godolphine India Private Limited vs Tusker Workspace Private Ltd on 25 January, 2025
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NC: 2025:KHC:3364-DB
COMAP No. 557 of 2024
C/W COMAP No. 19 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF JANUARY, 2025
PRESENT
THE HON'BLE MR JUSTICE V KAMESWAR RAO
AND
THE HON'BLE MR JUSTICE S RACHAIAH
COMMERCIAL APPEAL NO. 557 OF 2024
C/W
COMMERCIAL APPEAL NO. 19 OF 2024
COMAP 557/2024
BETWEEN:
GODOLPHINE INDIA PRIVATE LIMITED
A COMPANY INCORPORATED UNDER
THE COMPANIES ACT, 1956
HAVING REGISTERED OFFICE AT
SY. NOS. 1256 1261, RAJPUR ZULASAN ROAD,
RAJPUR TALUKA, KADI MAHESANA,
GUJARAT 382 715.
Digitally signed
by NARAYANA HAVING ITS CORPORATE OFFICE AT
UMA
Location: HIGH
REGUS UB CITY, LEVEL 15,
COURT OF CONCORD TOWER 1,
KARNATAKA
VITTAL MALLYA ROAD,
BENGALURU 560 001.
REPRESENTED BY ITS
AUTHORISED REPRESENTATIVE,
MR. SYED FIROUS INAYATH
...APPELLANT
(BY SRI. SAJJAN POOVAYYA, SENIOR ADVOCATE FOR
SRI. MANU PRABHAKAR KULKARNI.,ADVOCATE)
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COMAP No. 557 of 2024
C/W COMAP No. 19 of 2024
AND:
TUSKER WORKSPACE PRIVATE LIMITED
A COMPANY INCORPORATED UNDER
THE COMPANIES ACT, 2013,
HAVING ITS REGISTERED OFFICE AT
NO. L-148, BBMP
NO.170/148, 5TH MAIN ROAD,
SECTOR 6, HSR LAYOUT,
BENGALURU 560 102.
REPRESENTED BY ITS AUTHORISED
REPRESENTATIVE,
MR. SIDDARTH B. BHAVIKATTI.
...RESPONDENT
(BY SRI.DHYAN CHINNAPPA., SENIOR ADVOCATE FOR
SRI. M.V. SUNDARAMAN, ADVOCATE FOR C/R)
THIS COMAP/COMMERCIAL APPEAL FILED UNDER SEC.
13(1-A) OF COMMERCIAL COURTS ACT, 2015., PRAYING TO
(a) CALL FOR RECORDS OF PROCEEDINGS IN COM.A.A.
NO.520 OF 2023 ON THE FILE OF LXXXIX ADDITIONAL CITY
CIVIL AND SESSIONS JUDGE, (CCH-90) (COMMERCIAL COURT)
AT BENGALURU., (b) SET ASIDE THE ORDER DATED
20.11.2024 (ANNEXURE - A) PASSED BY THE LXXXIX
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, (CCH-90)
(COMMERCIAL COURT) AT BENGALURU IN COM.AA. NO.520 OF
2023.
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COMAP No. 557 of 2024
C/W COMAP No. 19 of 2024
COMAP 19/2024
BETWEEN:
GODOLPHINE INDIA PRIVATE LIMITED
A COMPANY INCORPORATED UNDER
THE COMPANIES ACT, 1956
HAVING REGISTERED OFFICE AT
SY. NOS. 1256 1261,
RAJPUR ZULASAN ROAD, RAJPUR TALUKA,
KADI MAHESANA,
GUJARAT 382 715.
REPRESENTED BY ITS AUTHORIZED
SIGNATORY/DIRECTOR ABDUL RASHEED
ALSO AT
REGUS UB CITY, LEVEL 15,
CONCORD TOWER 1,
VITTAL MALLYA ROAD,
BENGALURU 560 001.
...APPELLANT
(BY SRI. SAJJAN POOVAYYA, SENIOR ADVOCATE FOR
SRI. MANU PRABHAKAR KULKARNI.,ADVOCATE)
AND:
TUSKER WORKSPACE PRIVATE LIMITED
A COMPANY INCORPORATED UNDER
THE COMPANIES ACT, 2013,
HAVING ITS REGISTERED OFFICE AT
NO. L-148, BBMP
NO.170/148, 5TH MAIN ROAD,
SECTOR 6, HSR LAYOUT,
BENGALURU 560 102.
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COMAP No. 557 of 2024
C/W COMAP No. 19 of 2024
REPRESENTED BY ITS AUTHORISED SIGNATORY
MR. PANKAJ KUMAR.
...RESPONDENT
(BY SMT.SANJANA RAO., ADVOCATE AND
SRI. JACOB ALEXANDER, ADVOCATE FOR C/R)
THIS COMAP/COMMERCIAL APPEAL FILED UNDER SEC.
13(1-A) OF COMMERCIAL COURTS ACT, 2015 READ WITH
SECTION 37 OF THE ARBITRATION AND CONCILIATION ACT.,
PRAYING TO (a) CALL FOR RECORDS OF PROCEEDINGS TO
1. CALL FOR RECORDS IN COM.A.A.NO.389/2023 ON THE FILE
OF THE COURT OF THE LXXXIX ADDL. CITY CIVIL AND
SESSIONS JUDGE (EXCLUSIVE COMMERCIAL COURT)
BANGALORE CITY (CCH-90). 2 SET ASIDE THE ORDER DATED
04.01.2024 PASSED IN COM.A.A. NO. 389/2023 BY THE COURT
OF THE LXXXIX ADDL. CITY CIVIL AND SESSIONS JUDGE
(EXCLUSIVE COMMERCIAL COURT) BANGALORE CITY (CCH-90)
(ANNEXURE A).
THESE APPEALS, COMING ON FOR ADMISSION, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE V KAMESWAR RAO
and
HON'BLE MR JUSTICE S RACHAIAH
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COMAP No. 557 of 2024
C/W COMAP No. 19 of 2024
ORAL JUDGMENT
(PER: HON'BLE MR JUSTICE V KAMESWAR RAO)
Both the appeals have been filed by the common
appellant challenging the Orders passed by the learned
Additional City Civil and Sessions Judge, Bengaluru, in
petitions filed under Section 9 of the Arbitration and
Conciliation Act, 1996.
2. We have been informed by the learned Senior
Counsel appearing for the parties that a learned Arbitrator
has been appointed by this Court in a petition filed by the
appellant.
3. The learned counsel for the parties also state
that it is appropriate that these appeals are disposed of by
observing that these appeals be treated as applications
before the learned Arbitrator for his consideration and
decision. It is ordered accordingly.
4. The appeals are disposed of. All the
contentions of the parties are left open to be urged before
NC: 2025:KHC:3364-DB
the learned Arbitrator for his consideration and decision.
This Court has not expressed itself on the merits of the
issue which arises for consideration in these appeals.
5. The Counsel for the parties are at liberty to
request the learned Arbitrator to convene the proceedings
by fixing a date and time, to enable them to appear before
him and argue the applications.
Sd/-
(V KAMESWAR RAO)
JUDGE
Sd/-
(S RACHAIAH)
JUDGE
AN/-
List No.1 Sl. No.9
