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2025 DAILYLAW 67747 (KAR)

PARAMOUNT GARMENT PROCESSING UNIT v. UNION OF INDIA

COMAP/356/2024 · 2025-09-17

Anu Sivaraman, Rajesh Rai K

body2025

Judgment text

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER 2025 BEFORE THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE RAJESH RAI K COMMERCIAL APPEAL NO. 356 OF 2024 BETWEEN PARAMOUNT GARMENT PROCESSING UNIT, REPRESENTED BY IT’S MANAGING PARTNER, D. MAHESH KUMAR, RESIDING AT SRIHARI NILAYAM, 37, 8TH C ROSS, KGE LAYOUT, RMV 2ND STAGE, BENGALURU – 560 094 ...APPELLANT/S (By Sri/Smt. : N. S. SRIRAJ GOWDA, ADVOCATE) AND 1 . UNION OF INDIA, REPRESENTED BY IT’S GENERAL MANAGER, SOUTH WESTERN RAILWAY, HQ, GENERAL MANGER’S OFFICE, …2 COMAP NO. 356 of 2024 2 3RD FLOOR, EAST WING, RAIL SOUDHA, GADAG ROAD, HUBBALLI – 580 020. 2 . SENIOR DIVISIONAL MECHANICAL ENGINEER, SOUTH WESTERN RAILWAY, MECHANICAL BRANCH, DRM’S OFFICE, BENGALURU DIVISION, BENGALURU – 560 023. 3 . SRI M. RAMACHANRAN, LEARNED SOLE ARBITRATOR, 281, 407 SFS, 4TH PHASE, KHB COLONY, YELAHANKA NEW TOWN, BENGALURU – 560 064. …RESPONDENT/S (By Sri/Smt. : SHIVAKUMAR, ADVOCATE FOR THE C/R1 IN CAVEAT PETITION NO. 9651/2021 AND ALSO MEMO FOR APPEARANCE FILED FOR R1 AND R2) The Advocate for the appellant has filed the above COMAP/Commercial Appeal under Section 37(1)(C) of the Arbitration and Conciliation Act, 1996 read with Section 104 of …3 COMAP NO. 356 of 2024 3 the CPC, 1908 under Section 13(1) of the Commercial Division and Commercial Appellate Division of High Courts Act, 2015, praying that this Hon ble Court may be pleased to: 1) Call for records from the file of the Hon ble LXXXIX Additional City Civil and Sessions Judge, Bengaluru in Commercial Arbitration Petition No. 47 of 2023 and the arbitration records maintained by the Arbitral Tribunal. 2) Set aside the Judgment and Decree dated 30.03.2024, passed by the Hon ble LXXXIX Additional City Civil and Sessions Judge, Bengaluru in Commercial Arbitration Petition No. 47 of 2023 and consequently set aside the Arbitration Award dated 24.08.2022, and the modified award dated 03.02.2023, passed by the Arbitral Tribunal, and allow the NIL awarded claims 2(a) and (b), 3, 5 and 6 and modify the partly allowed claims 1(b) and 1(c) of the Appellant, herein. 3) Pass any further order or orders as this Hon ble Court may deem fit in the interest of justice and equity. This Commercial Appeal coming on for Orders, this day the Court made the following order: …4 COMAP NO. 356 of 2024 4 ORAL ORDER (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) Finally, one week time is granted to comply with the office objections, failing which, the appeal will be dismissed without reference to the Bench. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (RAJESH RAI K) JUDGE NOTE : Vide Court Order dated 17.09.2025, the office objections are not complied with. Hence, the appeal is hereby dismissed. COPY Sd/- ASSISTANT REGISTRAR T By : SR R By : SB C By : GS Ty dt : 20.02.2026 C.dt : 20.02.2026