Bangalore District Court M/S Avio Helitronics Infosystems Pvt ... vs M/S Savee Aerosystems Private Limited on 29 March, 2025 Com AP 24/2025 KABC170006612025 IN THE COURT OF LXXXV ADDL. CITY CIVIL & SESSIONS JUDGE, AT BENGALURU (CCH86) (Commercial Court) THIS THE 29th DAY OF MARCH 2025 PRESENT: SRI.ARJUN. S. MALLUR. B.A.L.LL.B., LXXXV ADDL. CITY CIVIL & SESSIONS JUDGE, BENGALURU. Com.A.P.NO.24/2025 (Old A.S.No.191/2017) BETWEEN: M/S Avio Helitronics Infosystems Pvt Ltd A Company registered under the provisions of the Companies Act, 1956, No.130, EPIP, 2nd Phase, KIADB Industrial Area, Whitefield, Bangalore 560066 Rep By Chief Operations Officer, Deepika Arcot Ramesh : PETITIONER/APPLICANT/claimant (Represented by Sri. Shreyas Jayasimha, Advocate) AND 1 Com AP 24/2025 M/S Savee Aerosystems Private Limited Having its office at: No.311, 3rd Floor, Plot No.371, Hind Service Industrial Estate, Jambhekar Maharaj Road, Dadar West Mumbai 400028 Rep By Its Authorised Signatory Mr. Haren Chandrakanth Sanghavi DEFENDANT/CLAIMANT (Represented by Sri. Dhananjay Joshi Designated Senior Counsel appearing for Sri. Mariappa M.S. & Associates , Advocate) Date of Institution of 16122017 the suit Nature of the suit Arbitration Suit under Sec. 34 (suit on pronote, suit of Arbitration & Conciliation for declaration & Act, 1996 Possession, Suit for injunction etc.) Date of commencement of recording of evidence Date on which 29022025 judgment was pronounced Total Duration · Year/s Month/s Day/s · 07 03 13 (ARJUN. S. MALLUR) LXXXV Addl.City Civil & Sessions Judge, Bengaluru. 2 Com AP 24/2025 JUDGMENT Application under Sec.34 of the Arbitration and Conciliation Act 1996 seeking setting aside of the arbitral award passed by the Learned Sole Arbitrator in A.C No.3/2015 dated 15.09.2017. This petition was originally filed on 16.12.2017 and numbered as A.S.No.191/2017 which came to be disposed off vide judgment and decree dated 18.11.2019. Against the said judgment and decree appeal was preferred before the Hon'ble High Court and the Hon'ble High Court vide order dated 24.11.2022 stayed the operation and execution of the award under challenge. Thereafter an appeal was preferred before the Hon'ble Apex Court in Civil Appeal No.10967/2024 and the Hon'ble Apex Court vide order dated 30.09.2024 has set aside the judgment and decree passed by this Court and remanded the matter back to this Court for fresh disposal and directed this Court to dispose off the matter on or before 31.03.2025. Consequently this petitioner which was pending on the file of CCH 32 came to be transferred this Court as 3 Com AP 24/2025 per notification number CCC(PIV)10/2025 dated 13.02.2025 and registered in the present number. Parties are referred as per their rank before the Arbitral Tribunal. 2. Facts in brief is as under: The claimant is a private limited company is a MSME establishment engaged in manufacturing and providing engineering service and has been operation since 2007. The claimant holds a Defence Industrial License and CEMILAC(Ministry of Defence Laboratory for Military Aircraft Airworthiness Certification) approval and is also a 100% export oriented unit under Cochin special economic zone. The claimant is also a company registered under the companies Act and provides consultancy services with respect to recruitment, strategy, consultation and implementation, business plan, business development, marketing sales, placement, accounts training, IT Infrastructure, IT maintenance and HR advisory service in India and abroad. The claimant was intending to expand its brand, image, projection to large international aerospace and defence clients and claimant approached 4 Com AP 24/2025 the claimant assuring that it had all the required all expertise in the industry to meet the goals and objectives of the claimant. The claimant submitted a business plan to the claimant on 28.07.2014 proposing the assist the claimant in carrying out periodic assessment, provide high level domain expertise to create a perception of higher delivery capability in niche tech