IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2019 PRESENT THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT APPEAL NO.3931 OF 2019 (GM-CPC) BETWEEN:
SRI SHIVAKUMAR S/O LATE MARIYAPPA AGED ABOUT 32 YEARS R/AT JEDIKATTE VILLAGE BHADRAVATHI REP. BY GPA HOLDER A LOKESH S/O ANANDA AGED ABOUT 40 YEARS B.H.ROAD, KADADA KATTE BHADRAVATHI SHIVAMOGHA DISTRICT ... APPELLANT (BY SHRI SANGAMESHWARAIAH K., ADVOCATE (ABSENT)) AND:
M/S. SHRIRAM TRANSPORT FINANCE CO.LTD. A LIMITED COMPANY HAVING ITS REGIONAL OFFICE AT B.H.ROAD SHIVAMOGHA REPT BY ITS GPA HOLDER MR. NAGABHUSHANA M.C. S/O CHIKKARANGAIAH AGED ABOUT 32 YEARS ... RESPONDENT ---
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO QUASH THE IMPUGNED ORDER DATED 10.10.2019 (ANNEXURE-A) PASSED IN W.P.NO.10083/2019 AND RECALL THE ORDER DATED 06.10.2018 (ANNEXURE-G) PASSED BY III ADDITIONAL CIVIL JUDGE AND JMFC, SHIVAMOGGA ON I.A.NO.3 IN O.S.NO.720/2017 AND ETC.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, CHIEF JUSTICE DELIVERED THE FOLLOWING:
JUDGMENT 1. None appeared for the appellant in the morning session and in the afternoon session.
2. By filing a writ petition under Article 227 of the Constitution of India, the present respondent challenged an order dated 6th October 2018 passed by a Civil Court on an application filed under Section 8 of the Arbitration and Conciliation Act, 1996. Thus, the impugned order has been passed clearly in exercise of the power under Article 227 of the Constitution of India. Hence, the writ appeal is not maintainable.
The writ appeal is disposed of by keeping the remedy of the appellant expressly open.
Sd/- CHIEF JUSTICE Sd/- JUDGE hkh.