- 1 - HC-KAR NC: 2025:KHC:41498 CMP No. 812 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. 812 OF 2022 BETWEEN: 1. SMT. RENU PAHWA, W/O SHRI SUSHIL PAHWA, AGED ABOUT 42 YEARS, R/AT A-71, LOK VIHAR, 3RD FLOOR, PITAMPURA, NORTH-WEST DELHI, NEW DELHI-110 034. 2. SH. SUBHASH PAHWA, S/O SRI S L PAHWA, R/AT 174, UPPER GROUND FLOOR, KOHAT ENCLAVE, PITAMPURA, NEW DELHI-110 034. …PETITIONERS (BY SRI RAVINDRANATH K & 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 - 110 037. V/C/O DATED 30.11.2022 CAUSE TITLE AMENDED …RESPONDENT (BY SRI MAHENDRA GOWDA C.R, ADVOCATE) THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(5) AND (6) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING THAT THE HON'BLE COURT BE PLEASED 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 AGREEMENT TO SELL DATED Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41498 CMP No. 812 of 2022 12/01/2017 DOCUMENT NO.1 AND CLAUSE 11.1 OF LEASE DEED DATED 12/01/2017 DOCUMENT NO.2 ENTERED INTO BETWEEN THE PETITIONERS AND RESPONDENT, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioners are before this Court seeking for the following reliefs; "THEREFORE, it is prayed that the Hon'ble Court be pleased 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 Agreement to Sell dated 12/01/2017, Document No.1 and clause 11.1 of lease deed dated 12/01/2017 Document No.2 entered into between the Petitioners and Respondent, in the 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 petitioners prays that as follows; The Hon’ble NCLT in CP (IB) No.144(PB)/2022 approved the Resolution Plan, in view of the order of the above matter will became infructuous, hence this Hon’ble Court may be pleased to permit the petitioners withdraw the above case as infructuous. Hence, this Memo. - 3 - HC-KAR NC: 2025:KHC:41498 CMP No. 812 of 2022 3. Accepting the said memo, the petition is dismissed as having become infructuous. SD/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 30