- 1 - NC: 2025:KHC:13348 CMP No. 396 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE ASHOK S.KINAGI CIVIL MISC. PETITION NO. 396 OF 2024 BETWEEN: 1. M/S WORKSHAALA SPACES SHREE ARCADE, 2ND FLOOR 16TH MAIN, 4TH SECTOR HSR LAYOUT BANGALORE-560 103. REPRESENTED BY ITS PARTNERS AND CEO SHRI MANOJ KUMAR KHANDEWAL …PETITIONER (BY SRI. VACHAN .M.U, ADVOCATE FOR SMT. KAVITHA DAMODARAN, ADVOCATE) AND: 1. M/S FASHNEAR TECHNOLOGIES PRIVATE LIMITED 06-105B, 06-102 (138WU) VAISHNAVI SIGNATURE MO.78/9, OUTER RING ROAD BELLANDUR, VARTHUR HOBLI BENGALURU-560 103. REPRESENTED BY ITS DIRECTOR MR. JATIN PREMANAND MAZAL (AR) …RESPONDENT THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO CONSTITUTE AN ARBITRAL TRIBUNAL BY APPOINTMENT OF A SUITABLE PERSON AS THE SOLE ARBITRATOR FOR THE ADJUDICATION OF THE PETITIONER’S CLAIM IN ACCORDANCE Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13348 CMP No. 396 of 2024 WITH THE SAID CLAUSE 29 OF THE SUB-LEASE DEED, DATED 16.01.2019 (ANNEXURE A) AND ETC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI ORAL ORDER Learned counsel for the petitioner submits that the award passed by the Arbitrator was challenged by the petitioner under Section 34 of the Arbitration and Conciliation Act, 1996 (‘the Act, 1996’ for brevity). The said application was allowed by the learned District Judge. The respondent aggrieved by the order passed under Section 34 of the Act, 1996, preferred an appeal under Section 37 of the Act, 1996. The said appeal is pending before this Court. In view of the pendency of the appeal, this petition does not survive for consideration and prays to dismiss the petition. 2. Submission is placed on record. 3. Accordingly, the Civil Miscellaneous petition is dismissed. - 3 - NC: 2025:KHC:13348 CMP No. 396 of 2024 4. However, liberty is reserved to the petitioner in case if any order is passed in the appeal filed by the respondent under Section 37 of the Act, 1996, the petitioner can seek for revive this order. SD/- (ASHOK S.KINAGI) JUDGE SKS