- 1 - NC: 2025:KHC:9205-DB MFA No. 2868 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR JUSTICE V KAMESWAR RAO AND THE HON'BLE MR JUSTICE T.M.NADAF MISCELLANEOUS FIRST APPEAL NO. 2868 OF 2021 (AA) BETWEEN: GOVERNMENT OF KARNATAKA, PUBLIC WORKS, PORTS AND INLAND WATERWAYS TRANSPORT DIVISION, KOLAR - 563101, REPRESENTED BY ITS EXECUTIVE ENGINEER. …APPELLANT (BY SMT. SARITHA KULKARNI, AGA) AND: 1. M/S CONSOLIDATED CONSTRUCTION CONSORTIUM LIMITED, HAVING ITS OFFICE AT NO.173, 3RD MAIN, J P NAGAR, 4TH PHASE, DOLLARS’ COLONY, BENGALURU - 560 078, REPRESENTED BY ITS REGIONAL SECTOR HEAD AND AUTHORIZED SIGNATORY- M. CHANDRA VIMAN. 2. SRI T G RADHAKRISHNA, CHIEF ENGINEER (RETIRED), CONSULTING CIVIL ENGINEERING, PUBLIC WORKS DEPARTMENT, GOVERNMENT OF KARNATAKA, BENGALURU - 560 008. …RESPONDENTS (BY SRI. H. MUJTABA, ADVOCATE FOR R1, V/O/DTD 14.11.2024 NOTICE TO R2 IS D/W) Digitally signed by PRAJWAL A Location: High Court of Karnataka - 2 - NC: 2025:KHC:9205-DB MFA No. 2868 of 2021 THIS MFA IS FILED U/S.37(1)(C) OF ARBITRATION AND CONCILIATION ACT, AGAINST THE ORDER DT.10.12.2020 PASSED IN A.S.NO.116/2017 ON THE FILE OF THE XVI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, (CCH-12), BENGALURU, DISMISSING THE ARBITRATION SUIT FILED U/S.34 OF THE ARBITRATION AND CONCILIATION ACT, 1996. THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE V KAMESWAR RAO and HON'BLE MR JUSTICE T.M.NADAF ORAL JUDGMENT (PER: HON'BLE MR JUSTICE V KAMESWAR RAO) Learned counsel for respondent No.1 has filed a memo today in the Court i.e., 04.03.2025, the same is taken on record. We reproduce the contents of the memo as under: “MEMO FILED BY THE RESPONDENT NO.1 The Respondent No.1 submits as follows: 1. The respondent no.1 submits that, the above appeal is filed by the appellant- Government of Karnataka seeking to set aside the Award dated 10.05.2017 passed by the Respondent No.2 and as the Order dated 10.12.2020 passed by the learned XVI - 3 - NC: 2025:KHC:9205-DB MFA No. 2868 of 2021 Additional City Civil and Sessions Judge, Bengaluru in Arbitration Suit No.116/2017. 2. It is submitted that, during the pendency of the above appeal, the 1st respondent herein made a representation dated 25th January 2024 stating that the 1st respondent is agreeable to receive a total sum of Rs.5,50,00,000 (Rupees Five Crore Fifty Lakhs only) in full and final satisfaction of its entire claim in the arbitration proceedings. The appellant-State after due consideration has accepted the offer of the 1st respondent and agreed to pay a total sum of Rs. 5,50,00,000 (Rupees Five Crore Fifty Lakhs only) in full and final satisfaction of the entire claim of the 1st respondent. 3. It is further submitted that, in furtherance of the same, the said sum of Rs. 5,50,00,000 (Rupees Five Crore Fifty Lakhs only) was paid by the State Government and the 1st respondent has accepted the same in full and final satisfaction of its claim and accordingly submitting the full satisfaction of the said Award of the Sole Arbitrator. On receipt of the said sum, the 1st respondent has also addressed a communication dated 24.02.2025 acknowledging the receipt of the said entire sum in full and final settlement of its entire claim in the said arbitration - 4 - NC: 2025:KHC:9205-DB MFA No. 2868 of 2021 proceedings and further clarified that they do not have any other/further claims in relation to the said arbitration proceedings. Copy of the said communication is attached herewith for the kind perusal of this Hon'ble Court. 4. It is further submitted that in view of the settlement arrived at betweens the parties and payment of the said sum to the 1st respondent, the above appeal does not survive for consideration at the hands of this Hon'ble Court. WHEREFORE, it is humbly prayed that this Hon'ble Court may be pleased to dispose of the above appeal as settled, in the interest of justice and equity.” 2. Learned counsel for respondent No.1 states that, in view of the acceptance of Rs.5,50,00,000/- (Rupees Five Crore Fifty Lakhs only) by respondent No.1 in full and final settlement, nothing further survives in the appeal. 3. Learned counsel for the appellant also acknowledges that, an amount of Rs.5,50,00,000/- has been paid to respondent No.1 by the appellant herein. - 5 - NC: 2025:KHC:9205-DB MFA No. 2868 of 2021 4. The learned counsel for the appellant and respondent No.1 state that, the appeal be disposed of as settled, with the payment of Rs.5,50,00,000/- in full and final satisfaction of the award. 5. It is ordered accordingly. The appeal is disposed of as settled. 6. Pending I.A.Nos.1/2022 for impleading appellant Nos.2 and 3 and 2/2021 for stay do not survive for consideration and stands disposed of. Sd/- (V KAMESWAR RAO) JUDGE Sd/- (T.M.NADAF) JUDGE SMC List No.: 1 Sl No.: 19