COLUMBIA ASIA HOSPITALS PVT LTD Vs. ANIL BANSAL

JUDGEMENT

(1.) The appellant being aggrieved by the judgment and decree dated 31-03-2012 passed in A.S.No.1/2007 by the District and Sessions Judge Court at Ramanagaram, in decreeing the suit of the plaintiffs brought under Sec. 34(2) Clause VI read with Sec. 16(6) of the Arbitration and Conciliation Act (Amended), 1996 (herein after referred to as the Act for short) and setting aside the Arbitral award dated 10-04-1999 passed by the Sole Arbitrator, has preferred this appeal.

(2.) We have heard Sri. S. S. Nagananda, the learned Senior Counsel for M/s. Hegde Associates, the learned Counsel appearing for the appellants and Sri. Bhagawat, learned Advocate for respondents 1 and 2. Perused the records of the trial court including the impugned Judgment and decree. The appellant has got the notice to respondent No.3 the sole arbitrator dispensed with as per the order of this Court dated 22-04-2014.

(3.) Sri. S.S.Naganand, learned Senior Counsel for Hegade and Associates, learned Counsel appearing for the contractor submits, the Trial court without proper application of mind grossly erred in holding that the parties by entering into the supplemental agreement had abandoned the right to go to arbitration for resolving disputes or differences arisen between them.