Research › Search › Judgment

Karnataka High Court · body

2010 DIGILAW 835 (KAR)

Nikitha Build-Tech v. Natural Textiles

2010-07-23

D.V.SHYLENDRA KUMAR, N.ANANDA

body2010
Judgment :- Ananda, J. 1. Heard the Learned Counsel for Petitioner and respondent. 2. This petition is filed to review the order made by this Court in MFA 4130 of 2010 dated 27-05-2010 wherein this Court had dismissed the appeal at the stage of admission holding that an interim application filed under Section 9 of the Act is not maintainable. However, this Court had not noticed Rules 9(1) and 10 of the High Court of Karnataka Arbitration (Proceedings before the Courts) Rules, 2001 (for short ‘the Rules’). Rules 9(1) and (10) of the Rules provide for entertaining an interim application pending an application under section 9 of the Act. 3. In the light of this legal position which has been brought to our notice by Learned Counsel for petitioner, we feel that order dated 27-05-2010 suffers from a mistake apparent on the face of the record. Therefore, the order made in MFA No. 4130 of 2010 dated 27-05-2010 is recalled and the appeal is restored to file. Accordingly, the Review Petition is allowed.