MFA/1136/2025 of SRI RAJESH RAI Vs RAJESH P SHAH on 3 September 2026

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 3RD DAY OF SEPTEMBER, 2026

PRESENT

THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE

AND

THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA

MISCELLANEOUS FIRST APPEAL NO.1136 OF 2025 (AA)

BETWEEN:

SRI RAJESH RAI

AGED 54 YEARS,

S/O LATE MOHANDAS RAI,

NO.8-C, GULMOHAR APARTMENT,

NO.20, CONVENT ROAD,

BENGALURU-560 025.

…APPELLANT

(BY SMT. LAKSHMI IYENGAR, SENIOR COUNSEL FOR

SRI. DHARANEESHWARAN K., ADVOCATE)

AND:

1.

RAJESH P. SHAH,

AGED 56 YEARS,

S/O P.H. SHAH,

NO.286, 17TH CROSS,

UPPER PALACE ORCHARDS,

SADASHIVANAGAR,

BENGALURU-560 080.

2.

SRI. N.S. SANGOLI,

RETD. DIST. JUDGE,

NO.415/2, F BLOCK,

SAHAKARANAGAR,

BENGALURU - 560 092.

(FORMAL PARTY-DISPENSATION

SOUGHT FOR NOTICE)

Digitally signed

by C K LATHA

Location: High

Court of

Karnataka

HC-KAR

3.

SMT. RATHNA M. RAI

W/O LATE MOHAN DAS RAI,

AGED ABOUT 75 YEARS,

NO.8-C, GULMOHAR APARTMENT,

NO.20, CONVENT ROAD,

BENGALURU -560025.

(FORMAL PARTY-DISPENSATION

SOUGHT FOR NOTICE)

…RESPONDENTS

(BY SRI. GANESHA B.R., ADVOCATE FOR

SRI. BHASKAR BABU H.J., ADVOCATE FOR C/R-1;

V.O.D. 24.11.2025 NOTICE TO R-2 AND R-3 DISPENSED WITH)

THIS MFA IS FILED UNDER SECTION 37(1)(c) OF THE

ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO SET

ASIDE THE JUDGMENT DATED 04.01.2025 AND DECREE/AWARD

DATED 08.01.2025 PASSED BY THE COURT OF VI ADDITIONAL

CITY CIVIL & SESSIONS JUDGE, BENGALURU (CCH-11) IN

A.S.NO.76/2013,

PRODUCED

AT

ANNEXURES-A

&

B

AND

CONSEQUENTLY RESTORE THE AWARD PASSED BY THE

LEARNED SOLE ARBITRATOR.

THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE

and

HON'BLE MRS. JUSTICE K.S. HEMALEKHA

HC-KAR