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COMAP No. 139 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JUNE, 2024
PRESENT
THE HON'BLE MRS. JUSTICE ANU SIVARAMAN
AND
THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
COMMERCIAL APPEAL NO. 139 OF 2024
BETWEEN:
1. MACHANI RAMESH HERITAGE LLP,
A REGISTERED LIMITED LIABILITY PARTNERSHIP,
HAVING REGISTERED OFFICE AT NO.4,
BOMMASANDRA INDUSTRIAL AREA,
ATTIBELE HOBLI, ANEKAL TALUK,
BENGALURU - 560 099.
2. MACHANI RAMESH RAVI,
SON OF MACHANI RAMANNA RAMESH,
AGED MAJOR,
RESIDING AT NO.3009 12TH B MAIN ROAD,
HAL 2ND STAGE, INDIRANAGAR,
BENGALURU - 560 008.
Digitally signed
by BELUR
RANGADHAMA 3. COIMBATORE RAGHAVENDRA SHASHIDHAR,
NANDINI
Location: HIGH SON OF RAGHAVENDRA KRISHNAMURTHY RAO,
COURT OF AGED MAJOR,
KARNATAKA
BUNGALOW, 375, 13TH MAIN ROAD,
KORAMANGALA, 3RD BLOCK,
BENGALURU - 560034.
4. MACHANI RAMANNA GANGANNA,
SON OF MACHANI RAMANNA,
AGED MAJOR,
RESIDING AT NO.105, MADHABAN APARTMENT,
HOSUR MAIN ROAD, ADUGODI,
BENGALURU -560030.
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COMAP No. 139 of 2024
5. MACHANI GANGANNA NAVEEN,
SON OF MACHANI RAMANNA, AGED MAJOR,
RESIDING AT NO.105, MADHABAN APARTMENT,
HOSUR MAIN ROAD,
ADUGODI, BENGALURU 560030.
6. MG METALLIC SPRINGS PVT LTD.,
A COMPANY INCORPORATED
UNDER THE PROVISIONS OF THE COMPANIES ACT
1956 HAVING ITS REGISTERED OFIFCE AT
MG BROTHERS, BELLARY ROAD,
ANANTPUR - 515004,
REP. BY MR GANESH KAMATH.
7. MACHANI RAMANNA GANGADHAR,
SON OF MACHANI RARNANNA GANGADHAR,
AGED MAJOR,
RESIDING AT NO.270,
MASTERS MANSION, PADARU PALLI,
NELLORE - 524004.
8. RAGHAVENDRA GANGADHAR MACHANI,
SON OF MACHANI RARNANNA GANGADHAR,
AGED MAJOR,
RESIDING AT NO.270, MASTERS MANSION PADARU
PALLI NELLORE 524004.
9. MG GOPALAKRISHNA,
SON OF MACHANI NARNANNA GANGADHAR,
AGED MAJOR,
RESIDING AT NO.270, MASTERS MANSION
PADARU PALLI, NELLORE 524004.
10. MONE KRISHNAVENI,
DAUGHTER OF RAMANNA MACHANI,
AGED MAJOR,
RESIDING AT NO.1243 ROAD 12,
NO.12, BANJARA HILLS, NEAR MLA COLONY,
HYDERABAD - 500034.
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COMAP No. 139 of 2024
11. BANGALORE CHANDRAPPA BHAGEERATHAMMA
DAUGHTER OF RAMANNA MACHANI,
AGED MAJOR,
RESIDING AT NO.24, 1ST MAIN,
SAMRAT LAYOUT BEHIND, NAMASTE GARMENTS,
BANNERGHATTA ROAD, ARAKERE, HULIMAVU,
BENGALURU - 560076.
12. BHAGYA REKHA RANGASWAMY BILEMOGGA,
DAUGHTER OF RAMANNA MACHANI,
AGED MAJOR,
RESIDING AT YEMMIGANUR,
KURNOOL, ANDHARA PRADESH - 518360.
13. SHANMUKHA KRISHNAVENI RODDA,
DAUGHTER OF RAMANNA MACHANI,
AGED MAJOR,
RESIDING AT NO.895 10TH CROSS,
24TH MAIN, J P NAGAR, 2ND PHASE,
BENGALURU SOUTH BENGALURU - 560078.
14. SRINIVASA MURTHY KANIKE,
SON OF KRISHNA MURTHY KANIKE,
AGED MAJOR,
RESIDING AT HOUSE NO.2/545,
SRINIVAS NAGAR, ADONI KURNOOL,
ANDHRA PRADESH - 518302.
15. SAYA THARAKESWARA,
SON OF BHADRAYYA SAYA,
AGED MAJOR,
RESIDING AT NO.40/37L/15,
RIVER VIEW COLONY, KURNOOL,
ANDHRA PRADESH - 518004.
16. ROOPA GANGANNA MACHANI,
DAUGHTER OF GANGANNA RAMANNA MACHANI,
AGED MAJOR,
RESIDING AT X 171, MAHADESWARA BLOCK,
SOMWARPET, KODAGU, KARNATAKA - 571236.
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17. NANDA GANGANNA MACHANI,
DAUGHTER OF GANGANNA RAMANNA MACHANI,
AGED MAJOR,
RESIDING AT I-1400, HBS COLONY,
YEMMIGANUR KURNOOL,
ANDHRA PRADESH - 518360.
…APPELLANTS
(BY SRI PRAMOD NAIR, SR. COUNSEL A/W
SRI ARJUN P K, ADVOCATE)
AND:
DEEPA ANIL KUMAR,
WIFE OF ANIL KUMAR BABU,
RESIDING AT NO.33, SAI ENCLAVE 1ST CROSS,
MS RAMAIAH CITY ROAD,
AREKERE, BENGALURU - 560076.
…RESPONDENT
(BY SRI DHYAN CHINNAPPA, SR. COUNSEL FOR
SRI M.V. SUNDARARAMAN, ADVOCATE FOR C/RESPONDENT)
THIS COMMERCIAL APPEAL IS FILED UNDER SECTION
37(1)(b) OF THE ARBITRATION AND CONCILIATION ACT,
1996L READ WITH SECTION 13 OF THE COMMERCIAL COURTS
ACT, 2015 PRAYING TO:
1. SET ASIDE THE IMPUGNED ORDER DATED 08TH APRIL,
2024 PASSED BY THE COURT OF THE LXXXIV ADDITIONAL
CIVIL AND SESSIONS JUDGE (COMMERCIAL COURT), AT
BENGALURU IN COM.A.A.NO.01/2024 (ANNEXURE-A) AND
CONSEQUENTLY DISMISS COM.A.A NO.01/2024 PENDING ON
THE FILES OF COURT OF THE LXXXIV ADDITIONAL CIVIL AND
SESSIONS JUDGE (COMMERCIAL COURT), AT BENGALURU AND
DIRECT THE RESPONDENT TO APPROACH THE ARBITRAL
TRIBUNAL CONSTITUED VIDE ORDER OF THIS HON'BLE HIGH
COURT DATED 15TH FEBRUARY 2024 AND
2. PASS SUCH OTHER AND FURTHER ORDERS AS THIS
HON'BLE HIGH COURT MAY DEEM FIT AND PROPER IN THE
CIRCUMSTANCES OF THE CASE.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY
ANU SIVARAMAN J., DELIVERED THE FOLLOWING:
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JUDGMENT
1. Heard the learned senior counsel appearing on either side
at considerable length. In view of the fact that the Arbitrator
has been appointed by consent of the parties and since it is an
admitted case that there is an arbitration clause in the
agreement entered into between the parties, we are of the
opinion that it is for the Arbitrator to now consider the issue as
to the interim protection to be granted in the matter. The
appeal is therefore to be allowed.
2. It is submitted by the learned senior counsel appearing
for the appellant that the matter will not be precipitated on
either side and alienation will not occur till the Arbitrator is
approached and he takes a call on the application.
3. It is submitted by the learned senior counsel appearing
on either side that they have enquired with the Arbitrator and
that he has agreed to hear them on any date. We therefore, fix
7th June, 2024 as the date for appearance of the parties to
appear before the Arbitrator at a time convenient to the
Arbitrator. The application under Section 17 of the Arbitration
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COMAP No. 139 of 2024
and Conciliation Act, 1996 shall be filed on the said date with
copies to be served to the opposing parties.
4. It is recorded that the matter will not be precipitated and
that no alienations will occur till the date of appearance of the
parties before the Arbitration i.e. on 07.06.2024 or any further
date that the Arbitrator may decide.
5. Considering the contentions advanced on either side and
in view of the submissions, the appeal shall stand allowed.
Sd/-
JUDGE
Sd/-
JUDGE
CHS
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