IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2019 PRESENT THE HON’BLE MRS. JUSTICE B.V.NAGARATHNA AND THE HON’BLE MR. JUSTICE H.T. NARENDRA PRASAD M.F.A. No.4603/2017 BETWEEN:
I.C.D.S. LTD., A COMPANY REGISTERED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT SYNDICATE HOUSE, MANIPAL – 576 119, REPRESENTED BY ITS DULY AUTHORIZED SIGNATORY SMT. NIRMALA PRABHAKAR AGM, LAW. ... APPELLANT (BY SRI RAGHUPATHY T.N., ADVOCATE) And:
1. JAI BHARATH MILLS PVT. LTD., A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT SYNDICATE HOUSE, MANIPAL – 576 119, UDUPI TALUK & DISTRICT, REPRESENTED BY ITS DIRECTOR P. RAGHUVEERA RAO.
2. M/S. KURLON LIMITED, A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT SYNDICATE HOUSE, MANIPAL – 576 119 UDUPI TALUK & DISTRICT AND ADMINISTRATIVE OFFICE AT III FLOOR, NORTH BLOCK, MANIPAL CENTRE, 47, DICKENSON ROAD, BENGALURU – 560 042.
3. M/S. ELECTRO CARBONIUM PVT. LTD., SHED NO.A-3, JAIBHARATH INDUSTRIAL ESTATE, YESHWANTPURA, BENGALURU – 560 022 REPRESENTED BY ITS DIRECTOR, MR. JADJIV SAHANEY.
4. S. SAHANEY, MAJOR, FATHER’S NAME NOT KNOWN TO THE APPELLANT, SHED NO.A-4, JAIBHARATH INDUSTRIAL ESTATE, YESHWANTHPURA, BENGALURU – 560 022.
5. M/S. CAUVERY WOOD & CARD CONTAINERS, SHED NOS.C-1 & C-2, JAIBHARATH INDUSTRIAL ESTATE, YESHWANTHPURA, BENGALURU – 560 022 BY ITS PARTNER K.R. SURESH.
6. M/S. ARAVIND FOUNDRY SHED NO.C-5, JAIBHARATH INDUSTRIAL ESTATE, YESHWANTPURA, BENGALURU – 560 022.
7. M/S. ROLON FOAM RUBBERS, SHED NO.C-6, JAIBHARATH INDUSTRIAL ESTATE, YESHWANTPURA, BENGALURU – 560 022.
8. T. MAHESH HEGDE, SOLE ARBITRATOR, DISTRICT & SESSIONS JUDGE (RETD.,) NO.380, “ANAND” JUDGES COLONY, R.T. NAGAR, BENGALURU – 560 032. ... RESPONDENTS (BY SRI A. MADHUSUDHANA RAO, ADVOCATE FOR C/R-1) THIS MFA IS FILED UNDER SECTION 37(1)(C) OF THE ARBITRATION AND CONCILIATION ACT, 1996, AGAINST THE JUDGMENT AND DECREE DATED 09/03/2017, PASSED IN A.S. NO.54/2007, ON THE FILE OF THE III ADDITIONAL CITY CIVIL & SESSIONS JUDGE (CCH-25), BENGALURU, DISMISSING THE SUIT FILED UNDER SECTION 34 OF THE ARBITRATION & CONCILIATION ACT, 1996.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, NAGARATHNA J., MADE THE FOLLOWING:
J U D G M E N T Learned counsel for the appellant submits that he has filed a memo on 23/04/2019 in the office stating that there has been a settlement arrived at between the parties and the appellant may be permitted to withdraw the appeal and the appeal may be dismissed as settled out of Court.
2. In the above circumstances, the appeal is dismissed as the dispute between the parties has been settled out of Court.
In view of dismissal of the appeal, I.A.No.1/17 also stands dismissed.
Sd/- JUDGE Sd/- JUDGE S*