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THE HIGH COURT OF KARNATAKA
Vibhu Bakru, CJ, C.M. Poonacha, J
M/S. N.D. DEVELOPERS PVT. LTD. – Appellant
Versus
M/S. G. M. INFINITE DWELLINGS (INDIA) PVT. LTD. – Respondent
| Table of Content |
|---|
| 1. appellant's filing under arbitration act. (Para 1 , 2) |
| 2. terms of the agreement and payments. (Para 3 , 4 , 5) |
| 3. ndpl's obligations and payment history. (Para 6 , 7 , 8) |
| 4. court's reflection on obligation compliance. (Para 24 , 25 , 35) |
| 5. final ruling on appeal outcome. (Para 50 , 51) |
ORAL JUDGMENT
(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)
1. The appellant [NDPL] has filed the present appeal under Section 37 (1)(c) of the Arbitration and Conciliation Act, 1996 [AC Act], impugning an order dated 15.07.2024 [impugned order passed by the Court of LXXXVII Additional City Civil and Sessions Judge, Bengaluru [Commercial Court] in Com. A.P No.99/2022.
2. The respondent had filed the said application under Section 34 of the A&C Act seeking setting aside of the arbitral award dated 27.06.2022 passed in A.C No.285/2021 [impugned award rendered by an arbitral tribunal comprising a sole arbitrator [Arbitral Tribunal] appointed by this Court by an order dated 08.10.2020 passed in CMP No.132/2018.
3. The impugned award was rendered in the context of the disputes that had arisen between the parties in connection with a Memorandum of Understanding dated 02.05.2017 [the Agreement
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