SRI RAJU v. SHRIRAM TRANSPORT FINANCE CO.LTD
Case at a glance
Provisions considered
- Arbitration and Conciliation Act, 1996 s. 37(2)(b)
- Indian Evidence Act, 1872 s. 73
- Code of Civil Procedure, 1908 s. 15
Judgment
THE HON'BLE MR. JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO.104127 OF 2024 (AA) BETWEEN: SRI RAJU S/O. HOLEPPA DURGAPPAGOL, AGE: MAJOR, OCC: BUSINESS, R/O: H.NO.635, BORAGAL, TQ: HUKKERI, DIST: BELAGAVI – 591 236. (BY SRI SANTOSH APPASAB BIRANAGI, ADVOCATE) …APPELLANT AND:
SHRIRAM TRANSPORT FINANCE CO.LTD., SHRI TOWER, SOUTH PHASE, INDUSTRIAL ESTATE, GUINDLY CHENNAI, TAMILNADU – 600 032. REPRESENTED BY ITS AUTHORIZED OFFICER SR. EXECUTIVE MR. TUKARAM SEVU RATHOS 1ST FLOOR, RANGOLE COMPLEX, NEAR A.C.OFFICE, JAYANAGAR CROSS CHIKKODI, DIST: BELAGAVI – 591 201. HANGARAKI Location: High Court of Karnataka
SHRI ANANDA MALLAPPA YASHAVANT, AGED MAJOR, OCC: BUSINESS, R/O: BORAGAL, TQ: HUKKERI, DIST: BELAGAVI – 591 236. …RESPONDENTS THIS MFA IS FILED UNDER SECTION 37(2)(b) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO, SET ASIDE THE ORDER PASSED IN IA FILED U/S 73 OF THE INDIAN EVIDENCE ACT R/W SECTION 15 OF CPC, BEFORE THE SOLE ARBITRATOR, ARBITRAL TRIBUNAL BELAGAVI IN ARB NO. 02/2023 DATED 13.09.2024 TO PASS AN ORDER REFEREEING THE ALLEGED DOCUMENT LETTER OF CONSENT FOR EXAMINATION AND EXPERT ADVICE TO THE FORENSIC SCIENCES LABORATORY MEETING THE ENDS OF JUSTICE AND EQUITY. TO AWARD THE COSTS OF LITIGATION. TO ALLOW THE APPELLANT TO AMEND THE APPEAL MEMO AND URGE ANY ADDITIONAL GROUNDS, IF NECESSARY AT - 2 - NC: 2024:KHC-D:16701 MFA No. 104127 of 2024 THE TIME OF THE HEARING AND ADVANCEMENT OF ARGUMENTS AND ETC., THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE C.M. POONACHA) Learned counsel for the appellant has filed a memo for conversion of the appeal which reads as follows:
It is submitted that as per this Hon’ble Court’s order dated 14.11.2024 directed to perform conversion of appeal. I requesting this Hon’ble Court kindly allow me to carry out the conversion of the top-noted appeal. Hence the memo.
2. In view of the same, learned counsel for the appellant is permitted to convert the above appeal as a writ petition.
For statistical purpose the present appeal shall be disposed of.
Learned counsel for the appellant to comply with the requisites within one week. PNV/CT-ASC - List No.: 1 Sl No.: 30 Sd/- (C.M. POONACHA) JUDGE
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.