Karnataka High Court
Siddartha Public School vs M/S. Educomp Solutions Ltd on 28 July, 2023
Author: H.P.Sandesh
Bench: H.P.Sandesh
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NC: 2023:KHC:26476
MFA No. 641 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
MISCELLANEOUS FIRST APPEAL NO. 641 OF 2016 (AA)
BETWEEN:
1. SIDDARTHA PUBLIC SCHOOL
NO.1, 80 FEET ROAD DEAD END,
1ST CROSS, CHOWDAIAH BLOCK,
R.T. NAGAR,
BENGALURU-560 032,
REPRESENTED BY ITS SECRETARY,
MR. VENKATESH M.S.,
SON OF THE LATE SHREE RAMULU.
...APPELLANT
(BY SRI CHETHAN B., ADVOCATE [ABSENT])
AND:
1. M/S. EDUCOMP SOLUTIONS LTD.,
REPRESENTED BY ITS VICE PRESIDENT
Digitally signed
by SHARANYA T MR. RAJESH BHARADWAJ,
Location: HIGH NO.802 & 1211, PADMA TOWERS 1-5,
COURT OF RAJENDRA PLACE,
KARNATAKA
NEW DELHI-110 008.
2. M/S. EDU SMART SERVICES PVT. LTD
REP. BY ITS AUTHORIZED SIGNATOR,
MR. PRAMOD THATOI,
NO.802 & 1211, PADMA TOWER-1-5,
RAJENDRA PALACE,
NEW DELHI-110 008.
...RESPONDENTS
(BY SRI. MAHABALESHWARA G.C., ADVOCATE FOR
R1 & R2 [ABSENT])
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NC: 2023:KHC:26476
MFA No. 641 of 2016
THIS MFA IS FILED U/S 37 (1)(b) OF THE ARBITRATION
AND CONCILIATION ACT, AGAINST THE ORDER
DATED11.01.2016 PASSED IN A.S NO.10/2016 ON THE FILE OF
THE XI ADDITIONAL CITY CIVIL JUDGE, BANGALORE CITY,
RETURNING THE PLAINT FILED U/S 34(2) OF ARBITRATION
AND CONCILIATION ACT R/W ORDER 7 RULE 1 OF CPC.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The appellant's counsel is absent. This Court vide order dated 14.7.2023 taking note that this appeal is of the year 2016 and the counsel on all occasion only sought time, except one occasion the respondents counsel was absent, and having considered the appeal of the year 2016 and almost seven years has been elapsed and counsel was not showing any interest in pursuing the matter, however, in the interest of justice, one more opportunity was given for the appellant's counsel and also made it clear that, failing which the appeal will be dismissed for non-prosecution.
2. When this Court was about to dismiss the appeal recording the same, at that juncture, the learned counsel for the appellant appeared and at that time respondent's counsel was not present and this Court passed over the matter. Now, -3- NC: 2023:KHC:26476 MFA No. 641 of 2016 the learned counsel for appellant is again absent and he is not showing any interest in assisting the Court though appeal is of the year 2016, listed for dismissal.
Hence, the appeal is dismissed for non prosecution as observed in the earlier order.
Sd/-
JUDGE AP/RHS List No.: 1 Sl No.: 28