Obalapuram Mining Company Pvt Ltd vs R K Mining Pvt Ltd
2025 Latest Caselaw 1818 Kant

Karnataka High Court

Obalapuram Mining Company Pvt Ltd vs R K Mining Pvt Ltd on 29 July, 2025

                                                      -1-
                                                                   NC: 2025:KHC-D:9364
                                                               MFA No. 103067 of 2025


                      HC-KAR



                           IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
                                   DATED THIS THE 29TH DAY OF JULY, 2025
                                                      BEFORE
                                  THE HON'BLE MR. JUSTICE ASHOK S. KINAGI
                         MISCELLANEOUS FIRST APPEAL NO. 103067 OF 2025 (AA-)

                      BETWEEN:
                          OBULAPURAM MINING COMPANY PVT. LTD
                          KUMARASWAMY TEMPLE, GANESH NAGAR,
                          BALLARI -583101
                          R/BY ITS DIRECTOR, R. NAGARAJ
                          S/O P. RAMAIAH, AGE. 53 YEARS,
                          R/O. WARD NO. 24, KAPPAGAL RAOD,
                          9TH CROSS, TQ & DIST. BALLARI -583102
                                                                               ...APPELLANT
                                  (BY SRI. SHIVRAJ S. BALLOLI, ADV)
                      AND:
                         R. K MINING PVT. LTD.,
                         1-2-49/15, NIZAMPET ROAD, HYDERNAGAR,
                         KUKATPALLI, HYDERABAD -500072
                         R/BY ITS DIRECTOR, SHASHIKIRAN REDDY
                         S/O KRISHNA REDDY, AGED 36 YEAS,
                                                                             ...RESPONDENT

                           THIS    MFA   IS   FILED    U/S.37(1)(b)   OF   ARBITRATION   &
MOHANKUMAR            CONCILIATION ACT, 1996, PRAYING TO CALL FOR THE RECORDS IN
B SHELAR
                      COM. ARBITRATION SUIT NO.8/2019 ON THE FILE OF THE IV ADDL.

Digitally signed by   DISTRICT AND SESSIONS JUDGE (EXCLUSIVE DEDICATED COMMERCIAL
MOHANKUMAR B
SHELAR                COURT) BALLARI AND SET ASIDE THE JUDGMENT AND ORDER DATED
Date: 2025.08.01
11:35:51 +0530        29.04.2025 PASSED IN COM. ARBITRATION SUIT NO.8/2019 ON THE
                      FILE OF THE IV ADDL. DISTRICT AND SESSIONS JUDGE (EXCLUSIVE
                      DEDICATED COMMERCIAL COURT), BALLARI AND CONSEQUENTLY SET
                      ASIDE THE ARBITRAL AWARD PASSED BY SOLE ARBITRATOR -JUSTICE
                      SRI. R.GURURAJAN (RETD) IN C.M.P NO.505/2012 DATED 13.10.2015.

                           THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
                      JUDGMENT WAS DELIVERED THEREIN AS UNDER:
                                  -2-
                                                  NC: 2025:KHC-D:9364
                                              MFA No. 103067 of 2025


 HC-KAR



CORAM:             THE HON'BLE MR. JUSTICE ASHOK S. KINAGI

                          ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI)

1. The learned counsel for the appellant filed a memo

seeking permission of this Court to convert this

Miscellaneous First Appeal into a Commercial Appeal,

under Section 13 of the Commercial Courts Act, 2015

read with Section 37 of the Arbitration and Conciliation

Act, 1996.

2. The memo is placed on record.

3. The Office is directed to convert this Miscellaneous First

Appeal into a Commercial Appeal under Section 13 of

the Commercial Courts Act, 2015, read with Section 37

of the Arbitration and Conciliation Act, 1996.

4. Accordingly, for statistical purpose, this Miscellaneous

Appeal stands disposed of.

SD/-

(ASHOK S. KINAGI) JUDGE RK CT: BSB