Union Of India vs M/S G S Prakash Rao on 27 January, 2020

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Karnataka High Court

Union Of India vs M/S G S Prakash Rao on 27 January, 2020

Bench: B.M.Shyam Prasad

                                 -1-



         IN THE HIGH COURT OF KARNATAKA AT BENGALURU

          DATED THIS THE 27TH DAY OF JANUARY, 2020

                              BEFORE

           THE HON'BLE MR.JUSTICE B.M.SHYAM PRASAD

         MISCELLANEOUS FIRST APPEAL NO.7754 OF 2019



BETWEEN:

Union of India
Rep. by Chief Engineer (AF)
Military Engineer, No.2
DC Area, MES Road
Yeshwanthpura Post
Bengaluru-560022                                 ... Appellant

(By Sri. Unnikrishnan.M, Advocate)

AND:

1.     M/s. G.S.Prakash Rao
       A partnership Firm
       Having its registered Office at
       House H No.1-10-63/4/3, 3rd floor
       Chikoti Gardens, Begumpet
       Hyderabad-500016

       Reptd by its Managing Director
       Mr. C.V.K.Reddy

2.     Sri. Sudesh Kumar Gupta
       Additional Director General (Contracts)
       Sole Arbitrator
       Panel of Arbitrators (Chandigarh)
                                  -2-



      Madhumathi Marg
      Chandimandir-134 107                    ... Respondents

(By Sri. K.V.Girish, Advocate for R1)

       This Miscellaneous First Appeal is filed under Section
37(1)(b) of the Arbitration and Conciliation Act, 1996 praying to
set aside the judgment and decree dated 12.07.2019 in
A.S.No.99/2016 passed by the Hon'ble LXXXII Additional City
Civil and Sessions Judge, at Bengaluru, dismissing the appeal
filed by the appellant under Section 34 of the Arbitration and
Conciliation Act, 1996 and consequently allow the above appeal
and set aside the Arbitral Award passed by the second
respondent Arbitrator dated 28.03.2016

      This Miscellaneous First Appeal coming on for Orders this
day, the Court delivered the following:

                            JUDGMENT

The learned counsel for the appellant and the learned counsel for the respondent No.1, in response to the office objection as regards the maintainability of this Miscellaneous First Appeal, draws the attention of this Court to the Notification dated 30.10.2017 and the subsequent Notification dated 12.02.2018. Further, the learned counsel submits that the appellant will have to initiate the appeal under the provisions of the Commercial -3- Courts Act, 2015, and such appeal will have to be re-classified as "Commercial Appeals" (COMAP), and to be heard by the Division Bench of this Court.

2. The learned counsel for the appellant is permitted to convert this "Miscellaneous First Appeal" into the "Commercial Appeal" (COMAP), to be listed before the Division Bench of this Court in terms of the aforesaid Notifications/Circular, and take necessary steps to ensure that the second set is also filed.

3. However, for statistical purposes this appeal is disposed of.

SD/-

JUDGE RB

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