- 1 - HC-KAR NC: 2025:KHC:42114 CMP No. 813 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CIVIL MISC. PETITION NO. 813 OF 2022 BETWEEN: SUSHIL PAHWA AGED ABOUT 27 YEARS S/O SRI S L PAHWA AGED ABOUT 27 YEARS R/O A 71, LOK VIHAR 3RD FLOOR, PITAMPURA NEW DEHLI 1100034 …PETITIONER (BY SRI. RAVINDRANATH K AND SRI. VINAY HEGDE., ADVOCATES) AND: M/S HARVEST HOTELS AND SERVICED APARTMENTS PRIVATE LIMITED THROUGH ITS IRP SHAILENDRA AJMERA ERNST AND YOUNG LLP, 3RD FLOOR, WORLDMARK I, AEROCITY HOSPITALITY, NEW DELHI 110037 …RESPONDENT (BY SRI. MAHENDRA GOWDA C.R., ADVOCATE) THIS CMP IS FILED UNDER SECTION 11(5) AND 11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO APPOINT THE INDEPENDENT NEUTRAL SOLE ARBITRATOR TO ADJUDICATE THE DISPUTE BETWEEN THE PETITIONERS AND THE RESPONDENT IN TERMS OF CLAUSE 7.1 OF THE TWO AGREEMENT TO SELL BOTH DATED 12.10.2016 DOCUMENT NO.1 AND 2 AND CLAUSE 11.1 OF TWO LEASE DEED BOTH DATED 01.11.2016 DOCUMENT NO. 3 AND 4 ENTERED INTO BETWEEN THE PETITIONER AND RESPONDENT, IN INTEREST OF JUSTICE. THIS CMP, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42114 CMP No. 813 of 2022 CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs; "Appoint the independent neutral Sole Arbitrator to adjudicate the dispute between the petitioners and the Respondent in terms of clause 7.1 of the two Agreement to Sell both dated 12.10.2016 Document No.1 and 2 and Clause 11.1 of two lease deed both dated 01.11.2016 Document No. 3 and 4 entered into between the petitioner and respondent, in interest of justice.” 2. A memo dated 17.10.2025 has been filed and signed by the learned counsel for the petitioner, which reads as under; Memo for withdrawal The undersigned counsel for the petitioner prays that a follows:- The Hon’ble NCLT in CP (IB) No144(PB)/2022 approved the Resolution Plan, in view of the order of the above matter will become infructuous, hence this Hon’ble Cout may be pleased to permit the petitioners withdraw the above case as infructuous. Hence this memo. 3. Accepting the said memo, the petition is dismissed as having become infructuous. SD/- (SURAJ GOVINDARAJ) JUDGE SR