IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR MISCELLANEOUS FIRST APPEAL No.4680 OF 2019 (AA) BETWEEN Mr. Ramachandra, Aged about 33 years, S/o. Nataraju, R/at No.70, Vagdevi Layout, 3rd Cross, Munekolalu Village, Marathahalli Post, Bengaluru-560037.
(By Sri. Rajagopala Naidu, Advocate) AND 1. Mr. C.Kalaivannan, Aged about 43 years, S/o. Chennaiyan, R/at No.51, 7th Main Road, 7th Cross, Near Muneshwara Temple, Hosapalya, Bommanahalli, Bengaluru-560068.
2. Mrs. Mahadeva, Aged about 49 years, S/o. Late Muniramaiah, 3. Mrs. Manjula, Aged about 39 years, W/o. Mahadeva, …Appellant 4. Miss. Gangotri, Aged about 22 years, D/o. Mahadeva, 5. Miss. Gaganotri, Aged about 17 years, D/o. Mahadeva, 5th respondent being Minor, Represented by Guardian Mother, Mrs. Manjula, 6. Mr. Nagaraju, Aged about 59 years, S/o. Late Muniramaiah, 7. Mrs. Venkatalakshmamma, Aged about 49 years, W/o. Nagaraju, 8. Mrs. Manjula, Aged about 34 years, D/o. Nagaraju, 9. Mr. Vijayakumar, Aged about 29 years, S/o. Nagaraju, 10. Mrs. Anitha, Aged about 34 years, W/o. Late Manjunatha, 11. Miss. Harshitha, Aged about 15 years, D/o. Late Manjunatha, 12. Master. Harish, Aged about 13 years, S/o. Late Manjunatha, Respondents 11& 12 being Minors Represented by Guardian Mother Mrs. Anitha, 13. Mr. Nagaraju, Aged about 45 years, S/o. Siddegowda, 14. Mrs. Hemalatha, Aged about 40 years, W/o. S.Nagaraju, 15. Miss. Yashasvini N., Aged about 17 years, D/o. S.Nagaraju, 16. Miss. Monisha N., Aged about 13 years, D/o. S.Nagaraju, Respondents 15 & 16 being minors Resondented by Guardian Mother, Mrs. Hemalatha, Respondents 2 to 16 Are residing at Kudlu Village, Sarjapura Hobli, Anekal Taluk, Bengaluru Urban District-560068.
17. Mr. N.Suresh, Aged about 36 years, S/o. Nataraj, Residing at No.39/1, Royal Placid Layout, 80 feet Road, Haralur, HSR Layout Post, Bengaluru-560102.
18. Mr. Munnangi Venkatarama Reddy, Aged about 36 years, S/o. Brahma Reddy, 19. Mrs. N.Vanajarani, Aged about 36 years, W/o. Munnangi Venkatarama Reddy, Respondents 18 & 19 are Residing at No.23, Door No.4, 1st Floor, Naidu Layout Main Road, Shanthipura, Anekal Taluk, Benglauru-560099.
…Respondents This MFA is filed under Section 37(3) of the Arbitration & Conciliation Act 1996, praying to set aside the order passed by the LXXXII Additional (CCH 83) City Civil & Sessions Judge, Bengaluru City allowing the arbitration application in Com.A.A.No.406/2018 on 12/04/2019 filed by the 1st respondent under Section 9 of Arbitration & Conciliation Act.
This MFA coming on for orders, this day, the Court made the following:
ORDER Appellant’s counsel is present. The appeal is very much maintainable, but it has to be classified as a commercial appeal as per the circular No.R(J)56B/2017 dated 30.10.2017. Therefore Registry is directed to take appropriate steps.
Sd/- JUDGE sd