- 1 - HC-KAR NC: 2025:KHC-D:7728 WP No. 102457 of 2024 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 16TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 102457 OF 2024 (GM-RES) BETWEEN: VIJAY ASHOK, SINCE DEAD BY HIS LR’S. 1(A) REENA FEHNERT, AGE: 52, OCCU: SENIOR COMMERCIAL PROCUREMENT OFFICER, R/O. 60 BROOKEFIELD AVENUE, NETTLEHAM, LINCOLNSHIRE. 1(B) SANJEEV S/O. VIJAY BHASKAR, AGE: 49, OCCU: CLINICAL SCIENTIST, R/O. 13 HOPE AVENUE, HANDFORTH, CHESHIRE, SK9 3DL. 1(C) AZITA D/O. VIJAY BHASKAR, AGE: 47, OCCU: ADMINISTRATION CLERICAL-NHS, R/O. 4 WINGROVE ROAD, NEWCASTLE UPON TYNE NE4 9BQ. AMENDED CAUSE TITLE AS PER THE ORDER DATED 25/10/2024. …PETITIONERS (BY SRI. KIRAN DEODHAR, ADVOCATE) VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:7728 WP No. 102457 of 2024 AND: GREEN VIEW ENGINEERS AND CONTRACTORS, DHARWAD, A REGISTERED PARTNERSHIP FIRM, HAVING ITS OFFICE AT GREEN VIEW LAYOUT, GOA ROAD, SADHANKERI, DAHRWAD-580007, R/BY ITS SMT. SANGEETA, W/O. STEVE ABRAHAM, AGED ABOUT 42 YEARS, OCC: BUSINESS/AGRICULTURE, R/O. GREEN VIEW LAYOUT, GOA ROAD, SADHANKERI, DHARWAD-580007. …RESPONDENT (BY SRI. S.S. BETURMATH, ADVOCATE FOR SRI. K.L. PATIL, ADVOCATE FOR C/R1) --- THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE UNDATED COMMON ORDER ON I.A. NO.3, 4 AND 5 PASSED BY THE HON‘BLE SOLE ARBITRATOR IN ARBITRATION DISPUTE NO.1/2023 PRODUCED AT ANNEXURE- U; CONSEQUENTLY ALLOW I.A. NO.3, 4 AND 5 AND HOLD THAT THERE IS NO ARBITRATION AGREEMENT BETWEEN THE PETITIONER AND RESPONDENT, THE ARBITRATION AGREEMENT IF ANY IS VITIATED BY FRAUD AND THAT CLAUSE 14 OF THE AGREEMENT DATED 23.11.2010 PRODUCED AT ANNEXURE A, DOES NOT CONSTITUTE A BINDING ARBITRATION AGREEMENT. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:7728 WP No. 102457 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR) Learned counsel for the petitioners files a memo submitting that the reliefs sought in this petition have become infructuous. Memo and submission of the learned counsel for the petitioners are placed on record. This petition is dismissed as having become infructuous, reserving liberty to the petitioners as sought for in the memo. Sd/- (PRADEEP SINGH YERUR) JUDGE gab CT-MCK List No.: 1 Sl No.: 95