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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
| Table of Content |
|---|
| 1. challenge to arbitral award under commercial courts act (Para 1 , 4) |
| 2. arguments on limitation and compliance with agreements (Para 5 , 6 , 7) |
| 3. court analysis of arbitral award findings (Para 8 , 9 , 10 , 15) |
| 4. limitations periods for claims and counterclaims (Para 11 , 12 , 13) |
| 5. standard for judicial interference with arbitral awards (Para 14 , 16) |
| 6. outcome of the appeal and order (Para 17 , 18) |
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
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.
Limited judicial interference under Sections 34/37 of Arbitration Act; no re-appreciation of arbitral findings absent patent illegality.
The court reiterated that a party's failure to perform contractual obligations negates the other's right to enforce the contract, emphasizing limited interference in arbitral awards.
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....
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