M.L. SHANKARLINGAPPA Vs. KUNDUR CONSTRUCTIONS PVT. LTD.

JUDGEMENT

(1.) This appeal arises from the Judgment and Order dtd. 20/1/2024 passed by the LXXXVI Additional City Civil and Sessions Judge (CCH-87), Bengaluru, ('Commercial Court') in Com.A.P. No.117/2022, whereby the Commercial Court dismissed the petition filed by the appellant under Sec. 34 of the Arbitration and Conciliation Act, 1996 (for short, "the Arbitration Act"), seeking to set aside the Arbitral Award dtd. 8/8/2022 passed by the Arbitral Tribunal in A.C.No.260/2021 and to allow the counterclaim filed by the appellant before the Arbitral Tribunal in A.C. No.260/2021.

(2.) For the sake of convenience, the parties are referred to as per their ranking before the Tribunal. The appellant herein was the respondent, and respondent No.1 herein was the claimant before the Tribunal.

(3.) The brief facts of the case of the appellant - partyin- person, are that he is the owner of the immovable property bearing Survey No.5BC-306 situated at Hennur Road, Banasawadi Layout, 3rd Block, Kacharakanahalli, Bengaluru. He entrusted the construction work of a commercial and residential apartment on the said property to the first respondent/claimant under the contract agreement dtd. 3/10/2016. Pursuant to a dispute that arose between the parties with regard to the settlement of the final bill payable by the appellant to the first respondent/claimant, respondent No.1/claimant approached this Court in CMP No.247/2020. This Court, by its order dtd. 27/8/2021, constituted the Arbitral Tribunal and appointed respondent No.2 to adjudicate the disputes between the parties. Consequently, the first respondent/claimant filed a claim statement before the Arbitral Tribunal in A.C.No.260/2021, claiming a sum of Rs.29,47,570.00 with interest at the rate of 24% per annum from 20/6/2018 till realization, along with costs, contending that the parties had entered into the said contract agreement dtd. 3/10/2016.