- 1 - HC-KAR NC: 2025:KHC:21988-DB MFA No. 4145 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JUNE, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE DR. JUSTICE K.MANMADHA RAO MISCELLANEOUS FIRST APPEAL NO. 4145 OF 2019 (AA) BETWEEN: 1. SRI K J KAMATH S/O SRI K M KAMATH AGED ABOUT 60 YEARS R/AT NO.29/1, TEMPLE ROAD, MALLESHWARAM BENGALURU-560003. 2. SRI K G KAMATH S/O SRI K M KAMATH AGED ABOUT 55 YEARS R/AT NO.57, 8TH CROSS 4TH MAIN, MALLESHWARAM BENGALURU-560003. …APPELLANTS (BY SRI. RAMESH CHANDRA, ADVOCATE) AND: 1. MS. VARDHINI W/O MR.GUGA SARAVANAN AGED ABOUT 54 YEARS, R/A NO.306, 3RD FLOOR SKYLINE TOWER, BLOCK NAGARBHAVI ROAD, Digitally signed by VIJAYALAKSHMI B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21988-DB MFA No. 4145 of 2019 CHANDRA LAYOUT, BENGALURU-560044 2. MS. VENKATALAKSHMI PARTHIBAN W/O MR. N. PARTHIBAN AGED ABOUT 51 YEARS R/A NO.6, I MAIN, MARUTI LAYOUT BANASHANKARI V STAGE VASANTHAPURA BENGALURU-560061. 3. MR.S.GURUPRASAD S/O LATE SRI G. SUBRAMANYAM AGED ABOUT 59 YEARS R/A NO.865/26, 15TH MAIN 3RD BLOCK, RAJAJINAGAR BENGALURU-560010 ALSO AVAILABLE AT NO.783, 1ST FLOOR, 3RD MAIN, 13TH CROSS, MARUTHINAGAR, 80 FEET MAIN ROAD, NAGARBHAVI 1ST STAGE, CHANDRA LAYOUT, BANGALORE-560072 4. SRI B S RAMAKANTHA DISTRICT JUDGE(RETD.)AND SOLE ARBITRATOR R/A NO.1075/F, 10TH MAIN, II STAGE, HAL, BENGALURU-560038. …RESPONDENTS (BY SRI. K.S.DEVARAJ, ADVOCATE FOR R-1; SRI.S.SUBRAMANYA, ADVOCATE FOR R-2; SRI. HARISH KUMAR C, ADVOCATE FOR R-3; NOTICE TO R-4 IS D/W, V/O DATED 21.06.2023) - 3 - HC-KAR NC: 2025:KHC:21988-DB MFA No. 4145 of 2019 THIS MFA IS FILED UNDER SECTION 37(1)(c) OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO ADMIT THE APPEAL AND CALL FOR THE RECORDS IN THE IMPUGNED JUDGMENT DATED 5.2.2019, UNDER SECTION 34 OF THE ARBITRATION AND CONCILIATION ACT, 1996 PASSED BY THE COURT OF VI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, AT BENGALURU IN A.S.NO.68/2014 AND SET ASIDE THE SAME AND UPHOLD AND RESTORE THE AWARD DATED 8.3.2014 PASSED BY THE SOLE ARBITRATOR IN CMP NO.21/2007, AND GRANT ANY OTHER RELIEF THAT THIS HON’BLE COURT DEEMS FIT IN THE FACTS AND CIRCUMSTANCES OF THIS CASE, INCLUDING THE COSTS OF THIS APPEAL. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE DR. JUSTICE K.MANMADHA RAO ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) Memo dated 06.06.2025 is filed seeking to withdraw MFA No.4145/2019. - 4 - HC-KAR NC: 2025:KHC:21988-DB MFA No. 4145 of 2019 2. It is submitted that the withdrawal is without prejudice to the appellants’ right to seek recovery of the advance paid to Respondent No.1. 3. The memo is accepted. 4. Appeal is accordingly, dismissed as withdrawn. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (DR.K.MANMADHA RAO) JUDGE BNV