Karnataka High Court
MFA/4389/2026 of ST MARY ENGLISH MEDIUM SCHOOL Vs M/S PEARSON INDIA EDUCATION SERVICES PRIVATE LIMITED on 20 August 2026
CNR: KAHC010401072026 NC: 2026:KHC:45065-DB MFA No. 4389 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA MISCELLANEOUS FIRST APPEAL NO. 4389 OF 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF AUGUST, 2026
PRESENT
THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
AND
THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA
MISCELLANEOUS FIRST APPEAL NO. 4389 OF 2026 (AA)
BETWEEN:
1.
ST. MARY ENGLISH MEDIUM SCHOOL
HEBBEGODI, BOMMASANDRA POST
ANEKAL TALUK, BANGALORE
KARNATAKA - 560 099
REPRESENTED BY
MR. SAI CHARAN
AGED ABOUT 30 YEARS
S/O SRI L.N. BABU
ADMINISTRATOR
…APPELLANT
(BY SRI G. SUKUMARAN, ADVOCATE)
AND:
1.
M/S PEARSON INDIA EDUCATION SERVICES
PRIVATE LIMITED
HAVING ITS REGISTERED OFFICE AT
NO.11, GROUND FLOOR A WING
DIVYASHREE CHAMBERS
O SHAUGHNESSY ROAD
BENGALURU - 560 025
Digitally
signed by K
P SWETHA
Location:
High Court
of Karnataka
HC-KAR
2.
SRI S.R. SOMEKHARA
DISTRICT JUDGE (RETD) AND
SOLE ARBITRATOR
3RD FLOOR, EAST WING
KHANIJA BHAVAN
RACE COURSE ROAD
BENGALURU - 560 001
…RESPONDENTS
THIS MFA IS FILED U/S.37(1)(c) OF THE ARBITRATION AND
CONCILIATION ACT, 1996, PRAYING TO SET ASIDE THE AWARD
DATED 25.03.2022 IN CASE NO. AC.196/2021 ON THE FILE FOF
THE ARBITRATION AND CONCILIATION CENTRE, BANGALORE
(DOMESTIC
AND
INTERNATIONAL).,
AND
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ORDER
DATED 08.04.2026 IN A.S. NO.25002/2023 PASSED BY THE XIIITH ADDL. CITY CIVIL AND SESSIONS JUDGE AT BENGALURU AND ALLOW THE PETITION FILED BY THE APPELLANT AND DISMISS TO CLAIM PETITION FILED OF THE RESPONDENT AND ETC.
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
ORAL JUDGMENT
(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)
1. The appellant has filed the present appeal under Section 37(1)(c) of the Arbitration and Conciliation Act, 1996 [A&C Act] impugning an order dated 08.04.2026 [impugned order] passed by the XIII Additional City Civil Judge, Bengaluru [Commercial Court] in A.S.No.25002/2023.
HC-KAR
2. The appellant had filed the said petition under Section 34 of the A&C Act seeking setting aside of the arbitral award dated 25.03.2022 passed by the sole arbitrator in arbitration proceedings [Arbitral Tribunal], A.C.No.196/2021.
3. The said petition (A.S.No.25002/2023) was filed after a delay of 389 days. The appellant had also filed an application under Section 5 of the Limitation Act,1961 seeking condonation of delay in filing the said petition. The learned Commercial Court had examined the said application seeking condonation of delay and had rejected the same, noting that the award was passed on 25.03.2022 and the appellant filed the petition on 17.07.2023.
4. Notwithstanding the same, the learned Commercial Court also examined the merits and rejected the challenge to the arbitral award. The appellant has challenged the said order. We find that the finding of the learned Commercial Court that the delay could not be condoned is not assailed. It is settled law that the court does not have jurisdiction to condone the delay beyond a period of 30 days as stipulated in the proviso under Section 34(3) of the A&C Act. We also find that most of the grounds urged by the appellant
HC-KAR
are more in the nature of seeking re-adjudication of the disputes and re-appreciation of evidence.
5. In view of the above, we find no ground to interfere with the impugned award. The appeal is accordingly dismissed.
6. Pending interlocutory application stands disposed of.
Sd/- (VIBHU BAKHRU) CHIEF JUSTICE
Sd/- (K.S. HEMALEKHA) JUDGE
KPS List No.: 1 Sl No.: 2