IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MAY, 2019 PRESENT THE HON’BLE MRS. JUSTICE B. V. NAGARATHNA AND THE HON’BLE MR. JUSTICE K. NATARAJAN MISCELLANEOUS FIRST APPEAL No.2064 of 2019 (AA) BETWEEN:
SRI BHIMAIAH, S/O LATE ANJANEYULU, AGED ABOUT 76 YEARS, RESIDING AT 3RD MAIN, SADASHIVANAGAR, TUMKUR – 572 101.
(By SRI CHETHAN KUMAR H., ADVOCATE) AND:
H.R.C. VENTURES (BANGALORE) PVT. LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956, REGISTERED OFFICE AT No.207, MOTA CHAMBERS, 9 CUNNINGHAM ROAD, BANGLAORE – 560 052.
REPRESENTED HEREIN BY ITS CEO SRI VINOD KUMAR.
... APPELLANT ... RESPONDENT (By SRI JOSEPH ANTHONY, ADVOCATE) THIS MFA IS FILED UNDER SECTION 37(1)(b) OF THE ARBITRATION AND CONCILIATION ACT, 1996, AGAINST THE ORDER DATED 15.02.2019 PASSED ON AA.No.66/2019 ON THE FILE OF THE LXXXII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, ISSUING NOTICE ON I.A.No.1 AND MAIN PETITION TO THE RESPONDENT FILED UNDER SECTION 9 OF ARBITRATION AND CONCILIATION ACT.
THIS MFA COMING ON FOR ADMISSION THIS DAY, NAGARATHNA. J., DELIVERED THE FOLLOWING:
JUDGMENT Learned counsel for the appellant submitted that appellant may not press this appeal if a direction is issued to the Trial Court to dispose of the application filed under Section 9 of the Arbitration and Conciliation Act, 1996, (hereinafter referred to as ‘Act’ for the sake of brevity), expeditiously.
2. Learned counsel for the respondent submits that if this Court is to issue such a direction, respondent has no objection to the same.
3. In the circumstances, appeal is dismissed as not pressed. However, a direction is issued to the Trial Court seized of the application filed under Section 9 of the aforesaid Act to dispose of the said application on or before 15.07.2019.
It is needless to observe that in order to comply with the aforesaid direction, counsel for the respective parties shall co-operate with the Trial Court for expeditious disposal of the application.
In view of disposal of the appeal, I.A.No.1 of 2019 is ordered to be filed.
SD/- JUDGE SD/- JUDGE mv