IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 21ST DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR. JUSTICE B. M. SHYAM PRASAD MISCELLANEOUS FIRST APPEAL NO.2846 OF 2016 (AA) BETWEEN:
1. MR. RAJU MAHTANEY B-2, EPSILON, YEMLUR MAIN ROAD, OFF AIRPORT ROAD, BENGALURU-560 037.
ALSO AT NO.503 AND 503A, 5TH BLOCK, NORTH BLOCK FRONT WING, MANIPAL CENTRE, 47, DICKENSON ROAD, BENGALURU-560 042.
2. MRS. POOJA R MAHTANEY B-2, EPSILON, YEMLUR MAIN ROAD, OFF AIRPORT ROAD, BENGALURU-560 037.
ALSO AT NO.503 AND 503A, 5TH BLOCK, NORTH BLOCK FRONT WING, MANIPAL CENTRE, 47, DICKENSON ROAD, BENGALURU-560 042.
(BY SRI DHANANJAY JOSHI, ADVOCATE) AND:
1. CITICORP FINANCE INDIA LIMITED ... APPELLANTS A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT CITI CENTER, 5TH FLOOR, BANDRA, KURLA COMPLEX, BANDRA (E) MUMBAI-400 051.
2. MR. BALAJI BHAT NO.302, II FLOOR, EMBASSY ORCHID, 8TH MAIN, RMV EXTENSION, BENGALURU-560 037.
ALSO AT NO.503 AND 503A, 5TH BLOCK, NORTH BLOCK FRONT WING, MANIPAL CENTRE, 47, DICKENSON ROAD, BENGALURU-560 042.
3. MR. P SUDHIR RAO NO.12F, REGALIA 3, SARDAR PATEL ROAD, CHENNAI-600 013.
ALSO AT NO.503 AND 503A, 5TH BLOCK, NORTH BLOCK FRONT WING, MANIPAL CENTRE, 47, DICKENSON ROAD, BENGALURU-560 042.
4. MS. GITANJALI R MAHTANEY B-2, EPSILON, YEMLUR MAIN ROAD, OFF AIRPORT ROAD, BENGALURU-560 037.
ALSO AT NO.503 AND 503A, 5TH BLOCK, NORTH BLOCK FRONT WING, MANIPAL CENTRE, 47, DICKENSON ROAD, BENGALURU-560 042.
5. UNIT TRUST OF INDIA INVESTMENT ADVISORY SERVICES LIMITED, CONCORDE BLOCK, 16TH FLOOR, UB CITY, VITTAL MALLYA ROAD, BENGALURU-560 001.
... RESPONDENTS (BY SRI NIKHILESH RAO M., ADVOCATE FOR C/R-1; VIDE ORDER DATED 25.04.2016 NOTICE TO R-2 TO R-5 ARE DISPENSED WITH) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 37(1)(b) OF THE ARBITRATION AND CONCILIATION ACT, 1996, AGAINST THE ORDER DATED 03.03.2016 PASSED ON A.A.NO.385 OF 2012 ON THE FILE OF THE VI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY. ALLOWING THE PETITION FILED UNDER SECTION 9 OF THE ARBITRATION AND CONCILIATION ACT.
***** THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR ORDERS THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:
JUDGMENT In view of the memo dated 11.02.2019, the appeal is dismissed as being infructuous.
Sd/- Sd/-
JUDGE JUDGE JJ