Bangalore District Court M/S Global Engineers Ltd vs M/S Suvith Busipro Services Llp on 22 March, 2024 1 Com.AP.No.82/2023 KABC170016242023 IN THE COURT OF LXXXII ADDL. CITY CIVIL & SESSIONS JUDGE, AT BENGALURU (CCH.83) THIS THE 22nd DAY OF MARCH 2024 PRESENT: SUMANGALA S. BASAVANNOUR., B.COM, LL.M., LXXXII ADDL.CITY CIVIL & SESSIONS JUDGE, BENGALURU. Com.A.P.No.82/2023 BETWEEN: M/s Global Engineers Limited, A Company registered under the provisions of the companies Act, 1956, thorough its authorized signatory Mr. Manjunath Singh, having registered office at Plot No. 16, GEL Tower, Sector 20, Dwarka, South West Delhi, Delhi 110 075. PLAINTIFF 2 Com.AP.No.82/2023 (Represented by Bhargava D Bhat. Advocates) AND 1. Ms/ Suvith Busipro Services LLP, A limited liability Partnership registered office at No. 42, Kuvempu House, 3rd floor, 9th main, WOC service road, Shivanagar, Rajajinagar, Bengaluru 560 010. 2. The Micro and Small Enterprises Facilitation Counsel, Bengaluru, Department of Industries and Commerce, # 49, 1st floor, South Block, Khanija Bhavan, Race Course Road, Bengaluru 560 001. DEFENDANTS 3 Com.AP.No.82/2023 (Respondent No.1 & 2 represented by M.K. Venkatramana Advocate) Date of Institution of the 10.07.2023 suit Nature of the suit (suit on pronote, suit for Petition for setting aside declaration & Possession, Arbitral Award Suit for injunction etc.) Date on which judgment 22.03.2024 was pronounced Total Duration Year/s Month/s Day/s 00 08 12 (SUMANGALA S. BASAVANNOR), LXXXII Addl. City Civil & Sessions Judge, Bengaluru. JUDGMENT This Petition is filed under Section 34 of the Arbitration & Conciliation Act, 1996 for setting aside the Award dated 13.04.2023 passed by the learned Micro and small Enterprises Facilitation Council, Bengaluru. 4 Com.AP.No.82/2023 2. The Brief facts leading to the case are as follows: The 1st Respondent to avail professional services related to taxation matter. The 1st Respondent accepted to serve the Petitioner and initiated works from July 2015. Thereafter, certain differences arose between the parties and the 1st Respondent refereed the dispute between the parties to the learned Micro and small enterprises facilitation council, Bengaluru to be settled vide conciliation. The 1st Respondent made claims, alleging nonpayment of dues amounting to Rs. 1,73,460/ along with interest of Rs. 20,815/ against alleged agreed retainer ship fees. The petitioner diligently kept itself present before the learned tribunal on all dates as per the intimations sent to them through email except on one occasion i.e., 09.02.2023, for which date the petitioner sent an email dated 11.02.2023 to the learned tribunal explaining its reasons for nonappearance before the learned tribunal. Subsequent to 09.02.2023, the petitioner received no emails from the learned tribunal to appear before it, without issuing notice to the petitioner to appear before it, the learned tribunal vide its award dated 09.03.2023 upheld the claim of the 1st Respondent exparte without considering the detailed reply of the petitioner and without giving any opportunity to the petitioner to present their version through evidence. 5 Com.AP.No.82/2023 Being aggrieved by the impugned award dated 09.03.2023 passed by the learned tribunal, the petitioner has preferred the present application under Section 34 of the Arbitration and Conciliation Act interalia on the following grounds. GROUNDS a) The impugned award is in conflict with the public policy of India as it is in contravention with the fundamental policy of Indian law and in conflict with the basic notions of morality and justice. Further, the Petitioner was not given proper notice of the arbitral proceedings and the impugned award was passed without considering the materials on record. Lastly, the Learned Tribunal that passed the impugned award lacked the jurisdiction to pass the said award since the