Karnataka High Court
COMAP/237/2025 of SRI M H SACHIN Vs SRI S M SUNIL on 14 July 2026
NC: 2026:KHC:35829-DB COMAP No. 237 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14 TH DAY OF JULY, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA COMMERCIAL APPEAL NO. 237 OF 2025 BETWEEN: SRI M H SACHIN S/O M.B
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF JULY, 2026
PRESENT
THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
AND
THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA
COMMERCIAL APPEAL NO. 237 OF 2025
BETWEEN:
SRI M H SACHIN
S/O M.B HARISH BABU
AGED ABOUT 38 YEARS,
PROP. M/S SRI GURUKRIPA AGENCIES,
VASAVI MAHAL CROSS,
OPP. RAGHAVENDRA PRINTERS,
CHITRADURGA - 577501
…APPELLANT
(BY SRI. K GOVINDARAYA KAMATH, ADVOCATE (ABSENT))
AND:
1.
SRI S M SUNIL
S/O SRI MANJUNATHA SETTY
AGED ABOUT 48 YEARS,
PROP. M/S SRI GURUVAIBHABVA
ENTERPRISES,
VEER SAVARKAR ROAD,
CHITRADURGA-577501
2.
SRI. V.N RAVINDRA
DISTRICT JUDGE (RETD)
SOLE ARBITRATOR, NO. 229,
BALAJI LAYOUT, VAJARAHALLI,
Digitally
signed by
AMBIKA H B
Location:
High Court
of Karnataka
HC-KAR
BYANAPALYA,
BENGALURU-560001
…RESPONDENTS
(BY SRI.NAGARAJ R, ADVOCATE FOR R1)
THIS COMAP IS FILED UNDER SECTION 13(1)(A) OF
COMMERCIAL COURT ACT, PRAYING TO SET ASIDE THE
IMPUGNED JUDGMENT (ANNEXURE A) DATED 23.01.2025
PASSED BY THE HONBLE LXXXVI ADDITIONAL CITY CIVIL
AND SESSIONS JUDGE (COMMERCIAL COURT) BENGALURU
(CCH 87) IN COMAP NO. 3/24 AND ALLOW THE APPEAL FILED
BY APPELLANT IN COM.AP NO. 3/24.
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
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ORAL JUDGMENT
(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)
1. None appears for the appellant.
2. 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 23.01.2025 passed by the LXXXVI Addl. City Civil & Sessions Judge, (Commercial Court) Bengaluru (CCH-
87) in Com.A.P. No.3/2024 passed under Section 34 of the A&C Act. The relevant documents have not been placed on record. Notice in this appeal was issued on 08.10.2025. On the next date
HC-KAR
of hearing i.e., 11.11.2025, directions were issued to file a paper book before the next date of hearing and the appeal was listed on 28.01.2026. On the said date, further time was sought by the learned counsel for the appellant for filing the paper books and the appeal was listed on 08.04.2026 and thereafter, has been listed today. However, the relevant record has not been filed.
3. In view of the above, the above appeal is dismissed for non- prosecution. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE
Sd/- (K.S. HEMALEKHA) JUDGE
BS List No.: 1 Sl No.: 23