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2021 Supreme(SC) 703

M. R. SHAH, B. V. NAGARATHNA
Gyan Prakash Arya – Appellant
Versus
Titan Industries Limited – Respondent


Advocates appeared:
For the Appellant(s) :Shekhar G Devasa, Manish Tiwari, Shashi Bhushan Nagar, M/S. Devasa & Co., Advocates
For the Respondent(s):Sajan Poovayya, Vikram Hegde, Shravanth Arya Tandra, Raksha Agarwal, Shantanu Lakhotia, N.S. SrirajGowda, Sharan Balakrishna, Advocates

JUDGMENT :

M.R. SHAH, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 18.03.2021 passed by the High Court of Karnataka at Bengaluru in M.F.A. No.7098 of 2018 (AA), by which the High Court has dismissed the said appeal preferred by the appellant herein under Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the ’1996 Act’) and has confirmed the judgment and order passed by the XXIXth Additional City Civil & Sessions Court dismissing arbitration suit (A.S. No. 12/2011) under Section 34 of the 1996 Act and confirming the Arbitral Award dated 04.12.2010, further modified vide order dated 14.01.2011, the original appellant has preferred the present appeal.

2. That the appellant and the respondent herein had entered into an agreement dated 9.7.2003. A dispute arose between the parties relating to recovery of pure gold weighing 3648.80 grams said to have been in the possession of the appellant herein. The respondent invoked the arbitration clause contained in the agreement dated 9.7.2003. The High Court appointed a retired District Judge as the sole arbitrator to adjudicate the dispute between the parties. The respondent

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