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2025 DAILYLAW 49129 (KAR)

SRI.H.G. SHEKAR v. INDUS TOWERS LIMITED

CMP/559/2024 · 2025-10-17

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:41495 CMP No. 559 of 2024 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. 559 OF 2024 BETWEEN: SRI H.G. SHEKAR, S/O LATE H.K.G SRINIVASAN, AGED ABOUT 64 YEARS, R/ AT NO.38, 'SRINIVASA LAYOUT', 5TH CROSS, A.E.C.S LAYOUT, BENGALURU-560 037. …PETITIONER (BY SRI C SHANKAR REDDY, ADVOCATE) AND: INDUS TOWERS LIMITED, A COMPANY INCORPORATED UNDER COMPANIES ACT, 1956, HAVING ITS CIRCLE OFFICE AT NO.12, SUBRAMANYA ARCADE TOWER D, 7TH FLOOR, BANNERGHATTA ROAD, BENGALURU-560029. REPTD. BY ITS AUTHORIZED SIGNATORY. ALSO AT: BHARATI CRESCENT, 1 NELSON MANDELA ROAD, VASANTH KUNJ, PHASE -II, NEW DELHI-110 070. REPTD. BY ITS AUTHORIZED SIGNATORY. …RESPONDENT (BY SRI BHARATH K, ADVOCATE) THIS CMP IS FILED UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT, 1996 AND R/W RULE 2 OF SCHEME FOR APPOINTMENT OF ARBITRATOR BY KARNATAKA HIGH COURT PRAYING THAT THIS HON'BLE COURT BE PLEASED TO Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41495 CMP No. 559 of 2024 EXERCISE THE POWER UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT OF 1996 AND APPOINT AS ARBITRATOR SRI.VEERANNA G. TIGADI OR ANY RETIRED DISTRICT AND SESSIONS JUDGE, AS THE ARBITRATOR OR ANY OTHER PERSONS THAT THIS HONOURABLE COURT DEEMS FIT TO APPOINT AS SOLE ARBITRATOR AND DIRECT THE ARBITRATOR, ADJUDICATE THE DISPUTE THAT HAS ARISEN BETWEEN THE PETITIONER AND THE RESPONDENTS AS REFERRED TO IN CLAUSE 10 [f] IN THE LEASE DEED DATED 17.03.2017, THE ANNEXURE 'A' TO THIS PETITION AND PASS OTHER ORDERS THAT THIS HONOURABLE COURT DEEMS FIT TO GRANT IN THE FACTS AND THE CIRCUMSTANCES OF THE CASE IN THE JUSTICE AND EQUITY. 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 petitioner is before this Court seeking for the following reliefs; "WHEREFORE, the petitioner above named pray that the Hon'ble Chief Justice be pleased to exercise the power under Section 11(5) of the Arbitration and Conciliation Act of 1996 and appoint as Arbitrator Sri. Veeranna G. Tigadi or any retired district and Sessions Judge, as the arbitrator or any other persons that this honourable court deems fit to appoint as sole Arbitrator and direct the Arbitrator, adjudicate the dispute that has arisen between the petitioner and the respondents as referred to in clause 10 [f] in the Lease Deed dated 17.03.2017, the ANNEXURE 'A' to this petition and pass other orders that this honourable court deems fit to grant in the facts and the circumstances of the case in the justice and equity." - 3 - HC-KAR NC: 2025:KHC:41495 CMP No. 559 of 2024 2. A memo dated 17.10.2025 has been filed and signed by the learned counsel for the petitioner, which reads as under; Memo The petitioner submits that the disputes between the parties had already been settled and Hence, prays to dismiss the above petition as withdrawn in the interest of justice. 3. Accepting the said memo, the petition is dismissed as withdrawn. SD/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 70