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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ANU SIVARAMAN, VIJAYKUMAR A.PATIL
B. Lakshman Gupta S/o Late B.L. Betaiah Setty – Appellant
Versus
Sampurna Builders – Respondent
JUDGMENT :
ANU SIVARAMAN, J.
1. This appeal is filed under Section 13 (1-A) of the Commercial Courts Act, 2015 challenging the Judgment dated 21.09.2023 passed by LXXXV Additional City Civil and Sessions Judge, Bengaluru (CCH-86) ('Commercial Court' for short) in Commercial Appeal No.93/2023.
2. We have heard Shri. Nandakumar C.K. learned senior counsel as instructed by Shri. Sridhar Chakravarthi M.V. learned counsel appearing for the appellants.
3. Notice had been ordered by way of substituted service to the respondents on 06.06.2024 and duly served. However, there is no representation on behalf of the respondents.
4. The subject matter of the dispute between the parties was the handing over of built-up area to the appellants, who were the landowners on the basis of Joint Development Agreement dated 11.06.2008 and Supplementary Joint Development Agreement dated 18.03.2010. The matter was referred to arbitration and an arbitral award was passed on 27.06.2022, allowing the claim in part. The respondents herein filed an arbitration petition under Section 34 of the Arbitration and Conciliation Act, 1996 ('Arbitration Act' for short) challenging an arbitral award dated 27.06.2022. The sa
An arbitral award can only be set aside on limited grounds as defined in Section 34 of the Arbitration Act, and claims are not barred by limitation if notice of refusal is not received.
The court upheld the trial court's dismissal of the appeal against the arbitration award, confirming that there was no patent illegality or grounds for interference under the Arbitration and Concilia....
The court affirmed that arbitral awards can only be set aside under Section 34 if grounds of patent illegality are established, emphasizing the sanctity and finality of arbitration decisions.
Point of law: Section 2(1)(c) of Act, 2015 defines what is meant by ‘commercial dispute’ and instances are mentioned in various clauses incorporated therein. ‘Commercial dispute’ means a dispute aris....
Arbitration proceedings validly commenced under Section 21 of the Arbitration Act on notice dated 20.08.1992; findings on completion and cost claims affirmed due to lack of evidence.
The court upheld the arbitral award directing possession and damages, affirming the applicability of limitation provisions to arbitration proceedings.
The jurisdiction of the Appellate Court dealing with an appeal under Section 37 against the judgment in a petition under Section 34 is more constrained than the jurisdiction of the Court dealing with....
The court emphasized the wide scope of reference of the arbitrator and the appellant's failure to file a defense, highlighting the limited scope of interference under Section 37 of the Arbitration an....
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