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2022 Supreme(Kar) 51

S.R.KRISHNA KUMAR, K.S.HEMALEKHA
Bhimashankar Sahakari Sakkare Karkhane Niyamita – Appellant
Versus
Walchandnagar Industries Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri. I.S. Uppin.
For the Respondents: Sri. Pradeep Nayak, Sri. Mahadev S. Patil, Sri. Vikas Mahendra, Smt. Anupama Hebbar, Smt. Varsha Shivanagouda, Smt. Mahika Hegade, Smt. Shailaja Agarwal, Sri. Vedanth Anand, Sri. Nishanth S. Kadur, Sri. Shahnawaz Mamadapur, Smt. Prerana A.N.

JUDGMENT :

S.R. KRISHNA KUMAR, J.

1. This appeal is directed against the impugned judgments and orders dated 02.04.2018 passed in Arbitration Application No. 2/2017 by the III Additional District Judge, Vijayapura (for short ‘the Trial Court’) whereby the interlocutory application I.A. No. 1 and the additional affidavit filed by the appellant for condonation of delay under Section 5 of the Limitation Act 1963 (for short ‘the Limitation Act’) were dismissed by the Trial Court which consequently also dismissed the aforesaid Application No. 2/2017 filed by the appellant under Section 34 of the Arbitration and Conciliation Act, 1996 (for short ‘the said Act of 1996’).

2. Briefly stated, the facts giving rise to the present appeal are as under:

    The appellant, a society registered under the Karnataka Co-operative Societies Act filed a claim petition against the respondent before the learned Sole Arbitrator (Former Judge of this Court) seeking specific performance of agreement dated 17.07.1997 and supplemental agreement dated 16.01.2001 said to have been entered into between the parties and in the alternative for compensation of Rs. 11,362.73 lakhs and for other reliefs. The said petition fil

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