- 1 - NC: 2025:KHC:7173-DB MFA No. 2017 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MR JUSTICE V KAMESWAR RAO AND THE HON'BLE MR JUSTICE T.M.NADAF MISCELLANEOUS FIRST APPEAL NO. 2017 OF 2023 (AA) BETWEEN: 1. SRI. ALFRED A MATHEW S/O. SRI. ABRAHAM MATHEW, AGED ABOUT 56 YEARS, RESIDENT OF NO.583, 17TH D-MAIN, 6TH BLOCK, KORAMANGALA, BANGALORE-560 034. 2. SRI. GEORGE ABRAHAM, S/O. SRI. ABRAHAM MATHEW, AGED ABOUT 63 YEARS, RESIDENT OF RAGE FRAMS, BYANAPALYA VILLAGE, TALAGHATTAPURA, KANAKAPURA ROAD, BANGALORE-560 062. 3. SRI. FRANKLYN ABRAHAM, S/O. SRI. ABRAHAM MATHEW, AGED ABOUT 62 YEARS, RESIDENT OF E-304, MANTHRI PARADISE, BANNERGHATTA ROAD, BANGALORE-560 096. …APPELLANTS (BY SRI. DALWAI VENKATESH, ADVOCATE) Digitally signed by K G RENUKAMBA Location: High Court of Karnataka - 2 - NC: 2025:KHC:7173-DB MFA No. 2017 of 2023 AND: 1. SAIVEN DEVELOPERS AND CONSTRUCTIONS PVT. LTD., A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956 HAVING REGISTERED OFFICE AT NO. 1664, 27TH MAIN, 2ND SECTOR, H.S.R. LAYOUT, BENGALURU-560 102, REPRESENTED BY ITS DIRECTOR, MR. DARSHAN KRISHNA REDDY SUDHA. 2. MR. DARSHAN KRISHNA REDDY SUDHA, S/O. LATE K. N. KRISHNA REDDY, AGED ABOUT 39 YEARS, R/AT NO. 211, 3RD CROSS, 3RD MAIN, 1ST BLOCK, KORAMANGALA, BENGALURU-560 034. …RESPONDENTS (BY SRI. MITHUN .G.A, ADVOCATE FOR R1 AND R2) THIS MFA IS FILED U/S.37(1)(C) OF THE ARBITRATION AND CONCILIATION ACT, AGAINST THE ORDER DT.17.01.2023 PASSED IN ARBITRATION APPLICATION NO.104/2022 ON THE FILE OF THE XXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, (CCH-6), BENGALURU, ALLOWING THE ARBITRATION APPLICATION U/S.9 OF THE ARBITRATION AND CONCILIATION ACT, 1996. THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE V KAMESWAR RAO and HON'BLE MR JUSTICE T.M.NADAF - 3 - NC: 2025:KHC:7173-DB MFA No. 2017 of 2023 ORAL JUDGMENT (PER: HON'BLE MR JUSTICE V KAMESWAR RAO) Learned counsel for the appellants has filed a memo for withdrawal, which reads as under: That appellant seeks leave of this Hon’ble Court to withdraw the appeal as the impugned order has spent itself. Hence, the appeal may be dismissed as withdrawn in the interest of justice. 2. The memo is taken on record. 3. In view of the memo for withdrawal, the appeal is dismissed as withdrawn. 4. Pending IAs if any, stands disposed of. Sd/- (V KAMESWAR RAO) JUDGE Sd/- (T.M.NADAF) JUDGE SMC List No.: 1 Sl No.: 30