MR. KAMMARA YASHWANTH KUMAR v. SRI. SHIVAJI MALSAVARA DUNIYANATH
MFA/8689/2024 · 2025-02-17
T M Nadaf, V Kameswar Rao
body2025
DailyLaw.ai
[ 2025 DAILYLAW 37065 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 37065 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:7062-DB MFA No. 8689 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MR JUSTICE V KAMESWAR RAO AND THE HON'BLE MR JUSTICE T.M.NADAF M.F.A NO.8689 OF 2024 (AA) BETWEEN:
1.
MR. KAMMARA YASHWANTH KUMAR S/O KAMMARA NAGARAJACHARI, AGED ABOUT 36 YEARS, REGISTERED OFFICE AT NO.32, 1ST FLOOR, SALAPURIA TOWER II, CHIKKU LAKSHMAIAH LAYOUT, LUSKAR HOSUR ROAD, KORAMANGALA BANGALORE – 560 034 yashwanth@moengage.com CHIEF TECHNICAL OFFICER
2.
MR. RAVITEJA DODDA S/O RAVI PRASAD BABU DODDA AGED ABOUT 35 YEARS, HAVING REGISTERED OFFICE AT NO.32, 1ST FLOOR, SALAPURIA TOWER II, CHIKKU LAKSHMAIAH LAYOUT, LUSKAR HOSUR ROAD, KORAMANGALA BANGALORE – 560 034 ravi@moengage.com CHIEF EXECUTIVE OFFICER
3.
MR.NARASIMHA REDDY S/O IRAGAMREDDY SUBBA REDDY AGED ABOUT 35 YEARS, HAVING REGISTERED OFFICE AT NO.32
Digitally signed by MADHUSHREE H Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:7062-DB MFA No. 8689 of 2024
1ST FLOOR, SALAPURIA TOWER II, CHIKKU LAKSHMAIAH LAYOUT, LUSKAR HOSUR ROAD, KORAMANGALA BANGALORE – 560 034 Narasimha@moengage.com CHIEF FINANCIAL OFFICER
…APPELLANTS
(BY SMT. ANUPAMA G HEBBAR, ADVOCATE A/W SRI. ADITYA CHATTERJEE, ADVOCATE, SMT. SANJANA M, ADVOCATE, SMT. NIDHI PATIL, ADVOCATE)
AND:
1.
SRI. SHIVAJI MALSAVARA DUNIYANATH S/O M G DUNIYANTH AGED ABOUT 34 YEARS, RESIDING AT NO.2243, GROUND FLOOR, 15TH C CROSS, VANAGANAHALLI SECTOR 1, HSR LAYOUT, BEHIND MARUTI SUZUKI ARENA, BENGALURU – 560 102 EMAIL ID: shivaji090@gmail.com
2.
M/S MO ENGAGE INDIA PVT LTD A COMPANY REGISTERED UNDER THE PROVISIONS OF THE COMPANIES ACT, 2013 NO.32, 1ST FLOOR, SALAPURIA TOWER II, CHIKKU LAKSHMAIAH LAYOUT, LUSKAR HOSUR ROAD, KORAMANGALA, BANGALORE – 560 095 Narasimha@moengage.com
…RESPONDENTS
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NC: 2025:KHC:7062-DB MFA No. 8689 of 2024
THIS MFA IS FILED UNDER SECTION 37(1)(b) OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO SET ASIDE THE EX PARTE AND INTERIM
ORDER DATED 01.10.2024 PASSED ON I.A.NO.01 OF 2024 BY THE Ld. XXXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU IN A.A NO.48 OF 2024 PRODUCED AS ANNEXURE-A, ETC.
THIS APPEAL COMING ON FOR ORDERS THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE V KAMESWAR RAO and HON'BLE MR JUSTICE T.M.NADAF
ORAL JUDGMENT (PER: HON'BLE MR JUSTICE V KAMESWAR RAO)
The challenge in this appeal is primarily to an order dated 01.10.2024 passed by the XXXV Additional City Civil and Sessions Judge, Bengaluru, in A.A.No.48/2024 whereby, the Court has granted an interim order in favour of the respondent No.1 herein.
2. The grievance of the appellants as contended by their counsel is that despite the appellants filing their reply to the petition filed under Section 9 of the Arbitration and Conciliation Act, 1996, the same has not been heard. He also informs that the date of hearing before the Court below is 19.02.2025.
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NC: 2025:KHC:7062-DB MFA No. 8689 of 2024
3. If that be so, we deem it appropriate to dispose of the appeal by directing the XXXV Additional City Civil and Sessions Judge, Bengaluru, to hear all the parties in A.A.No.48/2024 on 19.02.2025 or on a date immediately thereafter and decide the same within ten days of reserving the case for judgment.
Sd/- (V KAMESWAR RAO) JUDGE
Sd/- (T.M.NADAF) JUDGE
MH/- List No.: 1 Sl No.: 19