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KARNATAKA HIGH COURT
V KAMESWAR RAO - J, T.M.NADAF - J
M/S. SJR PRIME CORPORATION PRIVATE LIMITED – Appellant
Versus
SRI P. SHUBAKAR – Respondent
| Table of Content |
|---|
| 1. establishment of parties and their roles in the suit. (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments regarding the existence of arbitration agreements. (Para 6 , 7 , 8 , 9 , 10) |
| 3. court's analysis on diligence and adherence to timelines. (Para 11 , 12 , 13 , 14 , 15 , 16) |
| 4. counterarguments presented by the respondents. (Para 17 , 18) |
| 5. court's reasoning on the application of the law. (Para 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29) |
| 6. decision to allow arbitration based on existing agreements. (Para 30 , 31 , 32 , 33 , 34) |
| 7. conclusion and order regarding court fee and case disposal. (Para 35 , 36 , 37) |
ORAL JUDGMENT
The challenge in this appeal is to an order dated 18.09.2024 passed by the LXXXVI Additional City Civil and Sessions Judge, Bengaluru (CCH-87), whereby the learned Sessions judge has dismissed the application filed by the appellants, who were defendant Nos.2 and 3 in Com.O.S.No.660/2024 filed under Section 8 of the Arbitration and Conciliation Act , 1996 (Act of 1996).
3. On 28.11.2022, pursuant to the paper publication, the appellants and respondent No.2 were served. On non appearance of the appellants, they and defendant No.1 i.e., respondent No.2 were
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