- 1 - NC: 2025:KHC:13256-DB COMAP No. 289 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR JUSTICE V KAMESWAR RAO AND THE HON'BLE MR JUSTICE T.M.NADAF COMMERCIAL APPEAL NO. 289 OF 2022 BETWEEN: 1. JAYAMMA, AGED ABOUT 68 YEARS, W/O LATE N. CHANDRA @ CHANDRAPPA, 2. N.C. RAMESH, AGED ABOUT 44 YEARS S/O LATE N. CHANDRA @ CHANDRAPPA, BOTH R/AT 241, 2nd MAIN, RAMACHANDRAPURAM LAYOUT, BENGALURU-560 021. …APPELLANTS (BY SRI. VINAYA KEERTHY M., ADVOCATE) AND: 1. SPAD CLASSIC DEVELOPERS, FLAT NO. 401, SRI. LORVEN NEXT AECS LAYOUT, BENGALURU-560 037, REP. BY ITS PARTNERS. 2. SAMA ABHISHEK REDDY, PARTNER, SPAD CLASSIC DEVELOPERS, FLAT NO.401, SRI. LORVEN NEXT, AECS LAYOUT, BENGALURU-560 037. Digitally signed by PRAJWAL A Location: High Court of Karnataka - 2 - NC: 2025:KHC:13256-DB COMAP No. 289 of 2022 3. M.V DHARMA REDDY, PARTNER SPAD CLASSIC DEVELOPERS, FLAT NO.401, SRI. LORVEN NEXT, AECS LAYOUT, BENGALURU-560 037. …RESPONDENTS THIS APPEAL IS FILED UNDER SECTION 13(1A) OF THE COMMERCIAL COURTS ACT 2015 R/W SECTION 37 OF THE ARBITRATION AND CONCILIATION ACT 1996 AND ORDER XLIII RULE 1(R) AND SECTION 104 OF THE CPC, PRAYING TO CALL FOR THE RECORDS IN COM.AA NO. 125/2019 AND SET ASIDE THE IMPUGNED ORDER DATED 20/04/2022 PASSED BY THE LEARNED LXXXII ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-83, COMMERCIAL COURT), BENGALURU AND ALLOW THE COM.AA NO. 125/2019 FILED BY THE APPELLANTS, IN THE INTEREST OF JUSTICE AND EQUITY. 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 the appellants states that, the challenge is to an order passed under Section 9 of the Arbitration and Conciliation Act, 1996. - 3 - NC: 2025:KHC:13256-DB COMAP No. 289 of 2022 2. According to him, as an Arbitrator has been appointed, he shall withdraw the appeal to seek such remedy as available in law before the learned Arbitrator. 3. Noting the submission, the appeal is dismissed as withdrawn. 4.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.: 6