- 1 - HC-KAR NC: 2025:KHC:21818 CMP No. 48 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE ASHOK S.KINAGI CIVIL MISC. PETITION NO. 48 OF 2024 BETWEEN: MR. VIVEKANANDA SHENOY S/O LATE R RADHAKRISHNA SHENOY, AGED ABOUT 57 YEARS, NISARGA, BEHIND CORPORATION BANK, KARKALA TALUK, UDUPI 574104 …PETITIONER (BY SRI. RAJASHEKAR S., ADVOCATE) AND: 1. BIJU THOMAS S/O K T THOMAS, AGED ABOUT 54 YEARS, R/AT LUBANA MANZIL, LUIS COMPOUND, KARKALA KASBA VILLAGE, KARKALA TALUK UDUPI 574104 ALSO AT KUNNUMPURATH HOUSE, KIZHAPARAYAR PO, MEENACHIL TALUK, PALA, KOTTAYAM DISTRICT, KERALA 686578 2. MRS GIGI BIJU W/O MR BIJU THOMAS Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21818 CMP No. 48 of 2024 AGED ABOUT 50 YEARS, R/AT LUBANA MANZIL, LUIS COMPOUND, KARKALA KASBA VILLAGE, KARKALA TALUK UDUPI 574104 ALSO AT KUNNUMPURATH HOUSE, KIZHAPARAYAR PO, MEENACHIL TALUK, PALA, KOTTAYAM DISTRICT, KERALA 686578 3. MR NARAYANA POOJARY W/O MR KORAGAPPA POOJARY AGED ABOUT 55 YEARS, R/AT KANIVE, KANTAHAVARA VILLAGE, KARKALA TALUK, UDUPI 574104 REP. BY GPA HOLDER, SRI. BIJU THOMAS, S/O K.T. THOMAS, AGED ABOUT 54 YEARS …RESPONDENTS (BY SRI. SRIKANTH V K., ADVOCATE FOR R1 & R2 V/O DATED 20.06.2024 NOTICE TO R3 IS H/S) THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(5) OF THE ARBITRATION AND CONCILIATION ACT 1996 FOR APPOINTMENT OF SOLE ARBITRATOR, PRAYING THAT THIS HON’BLE COURT MAY KINDLY BE PLEASED TO A) APPOINT AN ARBITRATOR TO ADJUDICATE THE DISPUTE BETWEEN THE PARTIES AND ALLOW THE SAID ARBITRATOR TO ENTER UPON THE REFERENCE AND ADJUDICATE THE DISPUTE AND DIFFERENCES BETWEEN THE PARTIES ARISING OUT OF THE CLAUSE NO. 9 OF THE MEMORANDUM OF UNDERSTANDING DATED 12/09/2012 VIDE ANNEXURE-A. B) PASS SUCH AN ORDER AS THIS HON’BLE COURT DEEMS FIT AND PROPER UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:21818 CMP No. 48 of 2024 CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI ORAL ORDER 1. After arguing the matter for some time, the learned counsel for the petitioner seeks leave of the Court to withdraw the petition, with liberty to issue an arbitration notice in accordance with law. 2. Submission is taken on record. 3. The petition is dismissed as withdrawn with the aforesaid liberty. Sd/- (ASHOK S.KINAGI) JUDGE RK CT:KHV List No.: 1 Sl No.: 14