- 1 - HC-KAR NC: 2025:KHC:20002-DB MFA No. 3589 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JUNE, 2025 PRESENT THE HON'BLE MR V KAMESWAR RAO, ACTING CHIEF JUSTICE AND THE HON'BLE MR JUSTICE C M JOSHI MISCELLANEOUS FIRST APPEAL NO. 3589 OF 2025 (AA) BETWEEN: 1. SRI SRIDHAR GUNDAPPA GOWDA AGED ABOUT 56 YEARS S/O GUNDAPPA GOWDA R/AT NO. 98-99, 2ND MAIN ROAD KUMABARAKOPPAL MYSORE - 570 009 …APPELLANT (BY SRI VARDHAMAN V. GUNJAL, ADVOCATE) AND: 1. M/S. SHUBODINI ENTERPRISES PLOT NO. 442, SURVEY NO. 143/P HEBBAL INDUSTRIAL AREA HEBBAL GRAMA, KASABA HOBLI MYSORE TALUK MYSORE - 570 009 REPRESENTED BY ITS MANAGING PARTNERS, (i) SRI M. H. ABHISHEKH HEGDE (ii) SRI M.H. ABHIJIT HEGDE Digitally signed by VASANTHA KUMARY B K Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:20002-DB MFA No. 3589 of 2025 2. M.H. ABHISHEK HEGDE S/O SRI M.D. HARISHKUMAR HEGDE R/AT NO. 2898/CH-3/A I CROSS, PAMPAPATHI ROAD CHAMARAJA MOHALLA MYSORE - 570 009 3. M.H. ABHIJIT HEGDE S/O SRI M.D. HARSIH KUMAR HEGDE R/AT NO. 2898/CH-3/A I CROSS, PAMPAPATHI ROAD, CHAMARAJA MOHALLA MYSORE - 570 009 …RESPONDENTS THIS MFA IS FILED UNDER SECTION 37(2)(b) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO SET ASIDE THE ORDER PASSED ON I.A.NO.5 IN ARBITRATION CASE NO. 262/2024 BY THE SOLE ARBITRATOR SRI VISHWANATH V. ANGADI (FORMER CITY CIVIL AND SESSIONS JUDGE) AT ARBITRATION AND CONCILIATION CENTER, BENGALURU (DOMESTIC AND INTERNATIONAL) DATED 16.04.2025 AND DISMISS, I.A.NO.5 FILED BY THE RESPONDENT. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:20002-DB MFA No. 3589 of 2025 CORAM: HON'BLE MR V KAMESWAR RAO, ACTING CHIEF JUSTICE and HON'BLE MR JUSTICE C M JOSHI ORAL JUDGMENT (PER: HON'BLE MR V KAMESWAR RAO, ACTING CHIEF JUSTICE) Mr. Vardhaman V. Gunjal, learned counsel for the appellant states that as this appeal is not maintainable in this Court, he shall withdraw the appeal and approach the Commercial Court, Bengaluru, in accordance with law, within one week. He seeks return of the certified copies of the documents (if any) filed along with the appeal. 2. Dismissed as withdrawn. 3. The Registry shall return the certified copies (if any) of the documents which have been filed by replacing the same with the photocopies on or before 16.06.2025. 4. It goes without saying that the appellant shall be entitled to the benefit of Section 14 of the Limitation Act for the period during which he was pursuing this appeal in this Court. - 4 - HC-KAR NC: 2025:KHC:20002-DB MFA No. 3589 of 2025 5. It is also made clear that one week shall start running from Monday (16.06.2025) when the learned counsel for the appellant is given the certified copies of the documents (if any) filed along with this appeal. Sd/- (V KAMESWAR RAO) ACTING CHIEF JUSTICE Sd/- (C M JOSHI) JUDGE BKV List No.: 1 Sl No.: 53