IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR M.F.A. NO.9882 OF 2018 (AA) BETWEEN:
M/S.KARNATAKA STATE TOURISM DEVELOPMENT CORP.
BMTC-TERMINAL, YESHWANTHPUR, BENGALURU – 560022, REP. BY ITS PROJECT DIRECTOR/ AUTHORISED OFFICER. …APPELLANT (BY SRI.GURURAJ JOSHI, ADVOCATE) AND:
M/S.NINTH DIMENSION HOTELS AND RESORTS PVT. LTD., H.O.MAPPLE HOUSE, 83-A, CENTRAL AVENUE, SAINIK FARMS, NEW DELHI -62, REP. BY ITS MANAGING DIRECTOR. ...RESPONDENT (BY SRI.H.K.SRIVASTHAVA, ADVOCATE) **** THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 37(1) (b) OF ARBITRATION AND CONCILIATION ACT, 1966, AGAINST THE ORDER DATED 20.11.2018, PASSED ON AA.NO.189/2018, ON THE FILE OF THE XXXIX ADDITIONAL CITY CIVIL JUDGE, BENGALURU, WHEREIN, ORDER OF INJUNCTION IS GRANTED DIRECTING THE RESPONDENT TO ALLOW THE PETITIONER WHICH IS IN THE MAIN CONTRACT WITH THE INDIAN RAILWAYS AND FURTHER DIRECTED THEREIN TO ALLOW THE PETITIONER OR A PERIOD OF ONE YEAR AND RENEWABLE EVERY YEAR SUBJECT TO PAYMENT AND DEPOSIT OF SECURITY AMOUNT, AS MENTIONED THERIN.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Counsel for the appellant has filed a memo along with the decision reported in AIR 2017 KAR 135. It is submitted that in A.A. No.189/2018 filed by the Ninth Dimensions under Section 9 of the Arbitration Act, the Hon’ble District Judge, Bangalore, has passed an order on 20.11.2018. The said order is valid only three months. On expiry of 90 days time, the order comes to an end and stands vacated without any specific order by the Court. Under these circumstances, the appeal filed challenging the impugned order dated 20.11.2018 do not survive for consideration.
2. Considering the submission of the counsel for the appellant, memo is placed on record. Accordingly, the appeal is dismissed as withdrawn.
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JUDGE ykl