- 1 - NC: 2025:KHC:4757 CMP No. 215 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM CIVIL MISC. PETITION NO. 215 OF 2022 BETWEEN: 1. M/S N.D. PROPERTIES PVT. LTD. A PRIVATE LIMITED COMPANY INCORPORATED UNDER THE COMPANIES ACT HAVING ITS OFFICE AT NO. 398 2ND FLOOR, 7TH CROSS, MICO LAYOUT BTM 2ND STAGE, REPTD BY ITS MANAGING DIRECTOR , M K K DURANI …PETITIONER (BY SRI. RAVIKUMAR .M, ADVOCATE) AND: 1. SRI KARIYAPPA,S/O ANNAIAPPA AGED ABOUT 64 YEARS RESIDING AT BABASAHEBARAPALYA BASAVESHWARANAGAR, KENGERI HOBLI BANGALORE 560 060. …RESPONDENT (BY SMT. RAKSHITHA .D.J, ADVOCATE; RESPONDENT NOS. 2 TO 6 ARE DELETED FROM CAUSE TITLE, AS PER COURT ORDER DATED 01.02.2025) THIS PETITION IS UNDER SECTION 11(6)(A) OF ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO APPOINT AN ARBITRATOR TO RESOLVE THE EXISTING DISPUTE BETWEEN THE PARTIES HEREIN IN THE TERMS OF ARBITRATION CLAUSE CONTAINED IN THE MOU DATED 24.04.2008 AND ETC. Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATKA - 2 - NC: 2025:KHC:4757 CMP No. 215 of 2022 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This Civil Miscellaneous Petition is filed under Section 11(6)(a) of the Arbitration and Conciliation Act, 1996 (for short 'the Act') seeking appointment of sole Arbitrator to resolve the dispute and difference between the parties in terms of Joint Development Agreement dated 24.04.2008 evidenced at Annexure-A. 2. Today, learned counsel for the parties have filed a joint compromise petition indicating that the matter has been settled out of Court. Pursuant to the said settlement, a joint memo was filed before this Court, formally intimating the Court about the resolution of the dispute and setting forth the agreed terms of settlement. 3. In light of the settlement reported by the parties, it is evident that no subsisting arbitrable dispute remains between them, warranting further adjudication - 3 - NC: 2025:KHC:4757 CMP No. 215 of 2022 through arbitration. Since the very foundation of the present petition was based on the existence of an unresolved dispute necessitating arbitration, and as the same has now been amicably resolved, the necessity for the appointment of an arbitrator ceases to exist. 4. Accordingly, taking note of the settlement arrived at and the joint memo dated 01.02.2025 filed by the parties, the present Civil Miscellaneous Petition stands dismissed as withdrawn, as no further orders are required to be passed in the matter. SD/- (SACHIN SHANKAR MAGADUM) JUDGE ALB, List No.: 3 Sl No.: 3