- 1 - NC: 2025:KHC:15172 MFA No. 7438 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 7438 OF 2024 (AA) BETWEEN: KRISHNA MURTHY CONSTRUCTIONS A REGISTERED PARTNERSHIP FIRM, HAVING ITS OFFICE AT, NO.185, 6TH CROSS, 4TH MAIN, 6TH BLOCK, 3RD STAGE, BANASHANKARI, BANGALORE - 560 085. REPRESENTED BY ITS MANAGING PARTNER: K. MANJUNATH, S/O LATE M. KRISHNA MURTHY. …APPELLANT (BY SRI. K. S. NARAYANA SWAMY, ADVOCATE) AND: 1. PERFECT ELECTRICALS A PROPRIETARY CONCERN, OF P. V. KUMARASWAMY NO.12, 3RD MAIN, SOMESHWARA NAGARA, CHIKKA BOMMASANDRA, LAYOUT, GKVK POST, BANGALORE - 560 065. Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15172 MFA No. 7438 of 2024 2. SRI. P. V. KUMARASWAMY PROPRIETOR: PERFECT, ELECTRICALS, NO.12, 3RD MAIN, SOMESHWARA NAGARA, CHIKKA BOMMASANDRA, LAYOUT, GKVK POST, BANGALORE - 560 065. 3. SRI. S. R. SOMASHEKARA RETIRED DISTRICT AND SESSIONS JUDGE, ARBITRATION CENTRE, KARNATAKA (DOMESTIC AND INTERNATIONAL) RACE COURSE ROAD, BENGALURU - 560 001. …RESPONDENTS THIS MFA IS FILED UNDER SECTION 37(1) OF THE ARBITRATION AND CONCILIATION ACT, PRAYING TO SET ASIDE THE ORDER DATED:01.03.2023 PASSED IN COMMERCIAL A.P.NO.3/2022 ON THE FILE OF THE X ADDITIONAL DISTRICT AND SESSIONS JUDGE, (DEDICATED COMMERCIAL COURT), BENGALURU RURAL DISTRICT, BENGALURU. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - NC: 2025:KHC:15172 MFA No. 7438 of 2024 CORAM: HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT This appeal is filed under Section 37(1) of the Arbitration and Conciliation Act praying to set aside the order passed in Commercial A.P.No.3/2022 on the file of the X Additional District and Sessions Judge(Dedicated Commercial Court), Bengaluru Rural District, Bengaluru. Hence, as per the said impugned order, the Commercial Appeal under the Commercial Court is maintainable and not the miscellaneous appeal in this court. Hence, appeal is dismissed as it is not maintainable. Office is directed to return the certified copies of the order and the documents after due identification and to retain photocopy of the same at the cost of the appellant. For statistical purpose, this appeal is disposed of. SD/- (HANCHATE SANJEEVKUMAR) JUDGE AKV List No.: 1 Sl No.: 8_CT:SK