M/S. ROYALOAK INCORPORATION PRIVATE LIMITED v. DELHIVERY LIMITED
COMAP/495/2025 · 2026-09-16
D K Singh, H Shanthi Bhushan
body2026
DailyLaw.ai
[ 2026 DAILYLAW 40547 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 40547 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010618512025 NC: 2026:KHC:50627-DB COMAP No. 495 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN COMMERCIAL APPEAL NO. 495 OF 2025 BETWEEN:
1.
M/S. ROYALOAK INCORPORATION PRIVATE LIMITED HAVING ITS OFFICE AT 4TH FLOOR, NO.5, RAJ SQUARE, VIJAYA BANK COLONY BANASWADI OUTER RING ROAD, BENGALURU-560 043 REPRESENTED BY ITS AUTHORIZED SIGNATORY SRI. S.MATHAN …APPELLANT (BY SRI. BHARADWAJ K R., ADVOCATE)
AND:
1.
DELHIVERY LIMITED HAVING ITS OFFICE AT N24-N-34, S24-S34, AIR CARGO, LOGISTICS CENTRE-II, OPPOSITE GATE, 6 CARGO TERMINAL, IGI AIRPORT, NEW DELHI-110037 REPRESENTED BY ITS AUTHORIZED SIGNATORY MR. HARISH KUMAR …RESPONDENT (BY SRI. POORNIMA HATTI., FOR C/R(CP No.19066/25))
Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA
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HC-KAR
CNR: KAHC010618512025 NC: 2026:KHC:50627-DB COMAP No. 495 of 2025
THIS COMAP / COMMERCIAL APPEAL IS FILED UNDER SECTION 13 (1A) OF THE COMMERCIAL COURTS ACT, 2015 PRAYING TO SET ASIDE THE JUDGMENT DATED 20.08.2025 IN COM.AP NO.65/2025, PASSED BY THE LXXXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, AT BENGALURU (CCH-86), ON THE PETITION FILED UNDER SECTION 34 OF THE ARBITRATION AND CONCILIATION ACT, 1996, FOR SETTING ASIDE THE ARBITRAL WARD PASSED BY THE LEARNED SOLE ARBITRATOR DATED 8.11.2024 IN AC NO.328/2022,AND TO PASS APPROPRIATE ORDER TO ALLOW THIS APPEAL IN THE ENDS OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN
ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH)
The present appeal under Section 13(1) (A) of the Commercial Courts Act, 2015 is preferred against the judgment and order dated 20.08.2025 passed in Commercial Appeal No. 65/2025, whereby the appeal preferred under Section 34 of the Arbitration and Conciliation Act, 1996 impugning the arbitral award dated 08.11.2024 in Arbitration Case No. 328/2022, has been dismissed.
2. By the impugned award dated 08.11.2024, the learned Sole Arbitrator allowed the claim of the respondent-
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HC-KAR
CNR: KAHC010618512025 NC: 2026:KHC:50627-DB COMAP No. 495 of 2025
claimant for a sum of Rs.67,15,000/-towards unpaid dues for the services performed, along with interest at the rate of 1% per annum as prescribed under clause 5.3 of the agreement between the parties from the date of payment till the date of actual payment, subject to the claimant furnishing an indemnity bonds in respect of all 26 invoices. The claimant was
directed to furnish the indemnity bonds within a period of two weeks.
3. On appeal, the Appellate Court dismissed the appeal holding that none of the grounds mentioned under sub- sections (2) and (2A) of Section 34 of the Arbitration and Conciliation Act, 1996 could be made out.
4. The scope of Section 37 of the Arbitration and Conciliation Act, 1996 is same as that of Section 34 of the said Act. Therefore, interference would be warranted only if the award suffers from violation of public policy or if there is a case of illegally refusing to interfere with the award.
5. We have considered the submissions and perused the record.
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HC-KAR
CNR: KAHC010618512025 NC: 2026:KHC:50627-DB COMAP No. 495 of 2025
6. We do not find any such violation of public policy or any patent illegality in the award passed by the learned Sole Arbitrator. We find no substance in this appeal. Therefore, the appeal is dismissed.
No costs. Sd/- (D K SINGH) JUDGE
Sd/- (H.SHANTHI BHUSHAN) JUDGE
RKA List No.: 1 Sl No.: 12