- 1 - NC: 2025:KHC-D:6101-DB COMAP No. 100001 of 2022 C/W COMAP No. 100002 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7TH DAY OF APRIL, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA COMMERCIAL APPEALS NO. 100001 OF 2022 C/W COMMERCIAL APPEALS NO. 100002 OF 2022 IN COMMERCIAL APPEAL NO.100001 OF 2022: BETWEEN: B.K. RIZWAN, S/O B. ABDUL KHALEEL, AGED ABOUT 42 YEARS, RESIDING AT #19, WARD NO.25, T.B. SANITORIUM, BELGAL CROSS, CANTONMENT, BELLARI 583104. (KARNATAKA) …APPELLANT (BY SRI. N.L. BATAKURKI, ADVOCATE) AND: 1. THE MANAGING DIRECTOR, SHRIRAM TRANSPORT FINANCE COMPANY LIMITED, REGISTERED OFFICE AT. MOOKAMBIKA COMPLEX, 3RD FLOOR, LADY DISIKA ROAD, MYLAPORE CHENNAI, TAMIL NADU-600004. 2. V.A. PATIL, SOLE ARBITRATOR, #MIG 1-33, KHB COLONY, NEAR PWD CAMP, SINDHANUR 584128. 3. THE BRANCH MANAGER, SHRIRAMTRANSPORT FINANCE COMPANY LIMITED, GAYATHRI TOWERS, 3RD FLOOR, MOKA ROAD, 1ST CROSS, KHB COLONY, GANDHI NAGAR, BELLARY 583101. …RESPONDENTS (BY SRI. R.H. ANGADI, ADVOCATE FOR R3) (NOTICE TO R1 IS SERVED)(NOTICE TO R2 IS DISPENSED WITH) ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:6101-DB COMAP No. 100001 of 2022 C/W COMAP No. 100002 of 2022 THIS COMMERCIAL APPEAL IS FILED U/S.13(1) OF THE COMMERCIAL COURTS, 2015, R/W SECTION 37 OF ARBITRATION AND CONCILIATION ACT, PRAYING TO, SET ASIDE THE JUDGMENT AND DECREE PASSED IN COM ARBITRATION PETITION NO.7/2020 BY THE OF IV ADDITIONAL DISTRICT AND SESSIONS JUDGE (COMMERCIAL COURT) BALLARI DATED 17.02.2021 CONFIRMING THE ARBITRAL AWARD PASSED BY THE SHRI V.A.PATIL SOLE ARBITRATOR IN ARBITRATION CASE NO.351/2019 DATED 26.09.2020, CONSEQUENTLY DISMISS THE CLAIM PETITION OF FINANCIER IN THE INTEREST OF JUSTICE AND EQUITY & ETC. IN COMMERCIAL APPEALS NO.100002 OF 2022: BETWEEN: B.K. RIZWAN S/O B. ABDUL KHALEEL AGE. 42 YEARS, OCC. BUSINESS, RESIDING AT #19, WARD NO.25, T.B. SANITARIUM, BELGAL CROSS, CANTONMENT, BELLARI 583104, (KARNATAKA) …APPELLANT (BY SRI. N.L. BATAKURKI, ADVOCATE) AND: 1. THE MANAGING DIRECTOR, SHRIRAM TRANSPORT FINANCE COMPANY LIMITED, REGISTERED OFFICE AT. MUKAMBIKA COMPLEX, 3RD FLOOR, LADY DISIKA ROAD, MYLAPORE CHENNAI, TAMIL NADU-600004. 2. V.A. PATIL, SOLE ARBITRATOR #MIG 1-33, KHB COLONY, NEAR PWD CAMP, SINDHANUR 584128. 3. THE BRANCH MANAGER, SHRIRAMTRANSPORT FINANCE COMPANY LIMITED, GAYATHRI TOWERS, 3RD FLOOR, MOKA ROAD, 1ST CROSS, KHB COLONY, GANDHI NAGAR, BELLARY 583101. …RESPONDENTS (BY SRI. R.H. ANGADI, ADVOCATE FOR R3) (NOTICE TO R1 IS SERVED)(NOTICE TO R2 IS DISPENSED WITH) THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 13(1) OF THE COMMERCIAL COURTS, 2015, READ WITH SECTION 37 OF ARBITRATION AND CONCILIATION ACT, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE PASSED IN COM ARBITRATION PETITION - 3 - NC: 2025:KHC-D:6101-DB COMAP No. 100001 of 2022 C/W COMAP No. 100002 of 2022 NO.6/2020 BY THE OF IV ADDITIONAL DISTRICT AND SESSIONS JUDGE (COMMERCIAL COURT) BALLARI DATED 17.02.2021 CONFIRMING THE ARBITRAL AWARD PASSED BY THE SHRI V.A.PATIL SOLE ARBITRATOR IN ARBITRATION CASE NO.352/2019 DATED 26.09.2020, CONSEQUENTLY DISMISS THE CLAIM PETITION OF FINANCIER IN THE INTEREST OF JUSTICE AND EQUITY & ETC. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S G PANDIT) Memo, dated 07.04.2025, is filed in both the appeals stating that the parties have settled their dispute and the appeals have become infructuous. Memo is placed on record. Appeals are disposed off as having become infructuous. Sd/- (S G PANDIT) JUDGE Sd/- (C.M. POONACHA) JUDGE KMS LIST NO.: 1 SL NO.: 16