- 1 - HC-KAR NC: 2025:KHC:19975-DB MFA No. 3588 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JUNE, 2025 PRESENT THE HON'BLE MR V KAMESWAR RAO, ACTING CHIEF JUSTICE AND THE HON'BLE MR JUSTICE C M JOSHI MISCELLANEOUS FIRST APPEAL NO. 3588 OF 2025 (AA) BETWEEN: 1. SRI SRIDHAR GUNDAPPA GOWDA AGED ABOUT 56 YEARS S/O GUNDAPPA GOWDA R/AT NO.98-99, 2ND MAIN ROAD KUMABARAKOPPAL MYSORE-570 009 …APPELLANT (BY SRI VARDHAMAN V GUNJAL, ADVOCATE) AND: 1. M/S. SHUBODINI ENTERPRISES PLOT NO. 442, SURVEY NO.143/P HEBBAL INDUSTRIAL AREA HEBBAL GRAMA, KASBA HOBLI MYSORE TALUK, MYSORE-570 009 REPRESENTED BY ITS MANAGING PARTNERS I) SRI M.H. ABHISHEKH HEGDE II) SRI M.H. ABHIJIT HEGDE Digitally signed by VASANTHA KUMARY B K Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:19975-DB MFA No. 3588 of 2025 2. M.H. ABHISHEK HEGDE S/O SRI M.D. HARISHKUMAR HEGDE R/AT NO. 2898/CH-3/A, I CROSS PAMPAPATHI ROAD CHAMARAJA MOHALLA MYSORE-570 009 3. M H ABHIJIT HEGDE S/O SRI M.D. HARSIHKUMAR HEGDE R/AT NO.2898/CH-3/A, I CROSS PAMPAPATHI ROAD CHAMARAJA MOHALLA MYSORE-570 009 …RESPONDENTS MFA FILED UNDER SECTION 37(2)(b) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO SET ASIDE THE ORDER DATED 16.04.2025 PASSED ON I.A.NO.8 FILED UNDER ORDER XXVI RULE 9 OF CPC IN A.C. NO.262/2024 ON THE FILE OF THE FORMER PRINCIPAL CITY CIVIL AND SESSIONS JUDGE, SOLE ARBITRATOR, ARBITRATION AND CONCILIATION CENTER, BENGALURU. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:19975-DB MFA No. 3588 of 2025 CORAM: HON'BLE MR V KAMESWAR RAO, ACTING CHIEF JUSTICE and HON'BLE MR JUSTICE C M JOSHI ORAL JUDGMENT (PER: HON'BLE MR V KAMESWAR RAO, ACTING CHIEF JUSTICE) Mr. Vardhaman V. Gunjal, learned counsel for the appellant states that as this appeal is not maintainable in this Court, he shall withdraw the appeal and approach the Commercial Court, Bengaluru, in accordance with law, within one week. He seeks return of the certified copies of the documents (if any) filed along with the appeal. 2. Dismissed as withdrawn. 3. The Registry shall return the certified copies (if any) of the documents which have been filed by replacing the same with the photocopies on or before 16.06.2025. 4. It goes without saying that the appellant shall be entitled to the benefit of Section 14 of the Limitation Act for the period during which he was pursuing this appeal in this Court. - 4 - HC-KAR NC: 2025:KHC:19975-DB MFA No. 3588 of 2025 5. It is also made clear that one week shall start running from Monday (16.06.2025) when the learned counsel for the appellant is given the certified copies of the documents (if any) filed along with this appeal. Sd/- (V KAMESWAR RAO) ACTING CHIEF JUSTICE Sd/- (C M JOSHI) JUDGE BKV List No.: 1 Sl No.: 4