- 1 - HC-KAR NC: 2025:KHC:25302-DB COMAP No. 328 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE DR. JUSTICE K.MANMADHA RAO COMMERCIAL APPEAL NO. 328 OF 2024 BETWEEN: 1. M/S. TALLAM SUBBARAYA SETTY AND SONS A PARTNERSHIP FIRM HAVING ITS OFFICE AT SHOP No.2, T.V. COMPLEX No.118, KILARI ROAD B.V.K. IYENGAR ROAD CROSS BENGALURU-560 053 REPRESENTED BY ITS PARTNERS APPELLANT 2 TO 12 MR. T.S. PRABHAKAR 2. MR. T.V. EKNATH S/O LATE MR. T.V.R. GUPTA AGED ABOUT 79 YEARS R/AT No.2530, "CHANDRA GUPTA" 27TH CROSS, BSK II STAGE BENGALURU-560 070 3. MR. T.V. NARAYANA MURTHY S/O LATE RM. T.S. VENKATARAMAIAH AGED ABOUT 70 YEARS R/AT No.7, 3RD CROSS SHANKARPURAM BENGALURU-560 004 4. MR. T. VENKATESH Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:25302-DB COMAP No. 328 of 2024 S/O LATE MR. T. RADHAKRISHNA SETTY AGED ABOUT 80 YEARS R/AT No.93/8, 'SUBHADRA' SOUTH END ROAD, BASAVANAGUDI BENGALURU-560 004 5. MR. TALLAM SURESH S/O LATE MR. T. SEETHARAMA SETTY AGED ABOUT 77 YEARS R/AT No.5, "GEETHA" KALIDASA MARGA GANDHINAGAR BENGALURU-560 009 6. MR. T.S. PRABHAKAR S/O LATE MR. T. SEETHARAMA SETTY AGED ABOUT 72 YEARS R/AT No.5, "GEETHA" KALIDASA MARGA GANDHINAGAR BENGALURU-560 009 …APPELLANTS (BY SMT. JYOTHI S.R., ADVOCATE FOR SRI. G.S. PRASANNA KUMAR, ADVOCATE) AND: 1. M/S. RAJARAJESHWARE BUILDDCON PVT. LTD. A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT No.67/1, NETTAKALLAPPA CIRCLE BASAVANAGUDI, BENGALURU-560 004 REPRESENTED BY ITS DIRECTOR MR. RANJIT J SHA 2. MR. T.V. SREEDHAR, S/O LATE MR. T.V.V. PATHY AGED ABOUT 70 YEARS R/AT No.406/7, 4TH CROSS - 3 - HC-KAR NC: 2025:KHC:25302-DB COMAP No. 328 of 2024 7TH BLOCK WEST, JAYANAGAR BENGALURU-560 070 3. MR. T.V. SRINIVASA MURTHY S/O LATE MR. T.S. VENKATARAMAIAH AGED ABOUT 84 YEARS R/AT No.2, 9TH MAIN ROAD BSK II STAGE BENGALURU-560 070 4. MR. T.V. PRASANNA KUMAR S/O LATE MR. T.S. VENKATARAMAIAH AGED ABOUT 79 YEARS R/AT No.12/2, 1ST CROSS GAVIPURAM EXTENSION BENGALURU-560 019 5. MR. T.R. PREM KUMAR S/O LATE MR. T. RADHAKRISHNA SETTY AGED ABOUT 78 YEARS R/AT No.415, 7TH CROSS 10TH MAIN ROAD, FIRST BLOCK JAYANAGAR, BENGALURU-560 011 6. MR. T. SURENDRANATH S/O LATE MR. T. RADHAKRISHNA SETTY AGED ABOUT 74 YEARS R/AT No.496-A, 1ST 'A' MAIN ROAD JAYANAGAR 8TH BLOCK BENGALURU-560 082 7. MR. T.R. DWARAKANATH S/O LATE MR. T. RADHAKRISHNA SETTY AGED ABOUT 71 YEARS R/AT No.34, SURVEYOR STREET BENGALURU-560 004 …RESPONDENTS (BY SRI. ANAGHA NARASIMHA, ADVOCATE) - 4 - HC-KAR NC: 2025:KHC:25302-DB COMAP No. 328 of 2024 THIS COMAP / COMMERCIAL APPEAL IS FILED UNDER SECTION 37(1)(A) OF THE COMMERCIAL COURT ACT, PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO (A) CALL FOR RECORD AND (B)SET ASIDE THE IMPUGNED ORDER DATED 21.08.2024 PASSED BY THE LEARNED LXXXVII ADDL. CITY CIVIL AND SESSIONS JUDGE, AT BENGALURU (CCH-88) ALLOWING THE APPLICATION OF THE RESPONDENT IN COM AA.163/2023 AND ETC. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE DR. JUSTICE K.MANMADHA RAO ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) Learned counsel appearing for the parties submit that an arbitrator has been appointed to resolve the dispute between the parties and that an order under Section 17 of the Arbitration and Conciliation Act, 1996 has also been passed by the arbitrator. 2. In the above view of the matter, nothing remains for consideration in this appeal. The appeal is accordingly, - 5 - HC-KAR NC: 2025:KHC:25302-DB COMAP No. 328 of 2024 disposed of leaving open all contentions of the parties to be agitated in the arbitration proceedings. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (DR.K.MANMADHA RAO) JUDGE PN List No.: 1 Sl No.: 11