- 1 - NC: 2024:KHC:16396 MFA No. 2601 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2024 BEFORE THE HON'BLE MR JUSTICE R. NATARAJ MISCELLANEOUS FIRST APPEAL NO. 2601 OF 2024 (AA) BETWEEN: M/S N.D. DEVELOPERS PVT .LTD., A PRIVATE LIMITED COMPANY INCORPORATED UNDER THE COMPANIES ACT, HAVING ITS OFFICE AT NO.398, 2ND FLOOR, 7TH CROSS, MICO LAYOUT, BTM 2ND STAGE, BANGALORE - 560 076, REPTD. BY ITS MANAGING DIRECTOR MR. M.K.K. DURANI. …APPELLANT (BY SRI. CHOKKAREDDY, ADVOCATE) AND: 1. M/S MONDO BUILDERS PVT. LTD., (A GROUP COMPANY OF KONCEPT AMBIENCE GROUP) A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956, HAVING ITS REGISTERED OFFICE AT GPR TOWERS /6, PARK ROAD, TASKER TOWN, BENGALURU - 51, REPTD. BY ITS DIRECTOR MR. M.P. AGARWAL. 2. THE BANK MANAGER, HDFC BANK, BTM LAYOUT BRANCH, BENGALURU - 68 …RESPONDENTS Digitally signed by MARKONAHALLI RAMU PRIYA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2024:KHC:16396 MFA No. 2601 of 2024 THIS MFA IS FILED UNDER SECTION 37(1)(C) OF THE ARBITRATION AND CONCILIATION ACT, PRAYING TO SET ASIDE THE ORDER DATED 25.03.2024 PASSED IN COM.A.A.NO.8/2023 ON THE FILE OF THE 10TH ADDITIONAL DISTRICT AND SESSIONS JUDGE (DEDICATED COMMERCIAL COURTS), BENGALURU RURAL DISTRICT, BENGALURU. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: ORDER This appeal is filed under Section 37 of the Arbitration and Conciliation Act, 1996. The registry, has classified it as a Miscellaneous First Appeal. 2. The Office has raised an objection regarding maintainability of the appeal as the impugned order is passed by the Commercial Court acting under Section 9 of the Arbitration Conciliation Act, 1996. 3. In view of Section 13 of the Commercial Courts Act, 2015 the appeal ought to have been classified as Commercial Arbitration Appeal. Hence, the office objection regarding maintainability of the appeal is upheld. - 3 - NC: 2024:KHC:16396 MFA No. 2601 of 2024 4. Office is directed to convert this appeal in to Commercial Arbitration Appeal and list the same before the appropriate Court. For statistical purpose, this appeal is closed. Sd/- JUDGE GPG List No.: 1 Sl No.: 19 - 4 - NC: 2024:KHC:16396 MFA No. 2601 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU [M/S N D DEVELOPERS PVT LTD VS. M/S MONDO BUILDERS PVT LTD AND ANOTHER] RNJ 10.06.2024 (VIDEO CONFERENCING) ORDER ON ‘FOR BEING SPOKEN TO’ This appeal is taken up for ‘Being Spoken To’ in view of the mistakes found in paragraph Nos.3 and 4 of the order dated 24.04.2024. The words “Commercial Arbitration Appeal” found in paragraph Nos.3 and 4 shall be read as “Commercial Appeal”. This order shall be read in conjunction with the order dated 24.04.2024. Sd/- JUDGE PMR List No.: 19 Sl No.: 1