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2023 Supreme(SC) 44

M. R. SHAH, C. T. RAVIKUMAR
Alpine Housing Development Corporation Pvt. Ltd. – Appellant
Versus
Ashok S. Dhariwal – Respondent


Advocates appeared:
For Appellant(s) Mr. M. C. Dhingra, AOR Mr. Gaurav Dhingra, Adv. For Respondent(s) Mr. Balaji Srinivasan, AOR Ms. Aakriti Priya, Adv. Ms. Lakshmi Rao, Adv. Mr. Shiva Krishnamurty, Adv. Mr. Devamshu Behl, Adv. Ms. Gauri Pasricha, Adv. Mr. Prateek Yadav, Adv. Mr. Rohan Dewan, Adv.

JUDGMENT :

M.R. SHAH, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 1.9.2021 passed by the High Court of Karnataka at Bengaluru in Writ Petition No. 50799/2019, by which the High Court has allowed the said writ petition and while quashing and setting aside the order passed by the learned Additional City Civil and Sessions Judge, Bengaluru, has permitted the respondents-original writ petitioners to adduce evidence in an application under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the ‘Act’) the original respondent before the High Court and in whose favour the award has been passed by the learned Arbitral Tribunal has preferred the present appeal.

2. The facts leading to the present appeal in a nutshell are as under:

    That against the award passed by the learned arbitrators dated 12.03.1998, an application under Section 34 of the Act being Arbitration Case No. 38/1998 has been filed by the respondents. That the respondents filed an interim application being I.A. No. 4 in section 34 application to adduce additional evidence. At this stage, it is required to be noted that as such the award passed by the learned


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