H. P. SANDESH
Associated Constructions, Represented by its Managing Partner Sri K. Munikrishna – Appellant
Versus
Executive Engineer, Karnataka Housing Board, Bellary – Respondent
ORDER :
These two civil revision petitions are filed before this Court under Section 115 of CPC challenging the order passed by the LXIX Additional City Civil and Sessions Judge (Commercial Court, CCH-89), Bangalore in A.S.Nos.12/2017 and 13/2017, dismissing the applications filed by the revision petitioner before the Court invoking the provisions under Section Order 7 Rule 11 of CPC, wherein prayed the Court to reject the arbitration suit filed under Section 34 of the Arbitration and Conciliation Act, 1996 (‘the said Act’ for short). In support of the application, one of the partner of the defendant in the said suit filed an affidavit stating that an agreement was entered into between the KHB through the plaintiff and the defendant herein on 23.03.1992 for the construction of the houses and when the dispute was arisen between the parties, the matter was referred to the arbitrator. The arbitrator having considered the material available on record, passed the award directing the defendants to pay the arbitral award amount. Being aggrieved by the said arbitral award, a suit is filed by respondent No.1 herein before the Court questioning the very award passed by the arbitrator. The def
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