- 1 - HC-KAR NC: 2025:KHC:50204 WP No. 6928 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 6928 OF 2021 (GM-CPC) BETWEEN: M/S EMJAY ENGINEERING COMPANY AND M/S JAYEM ENGINEERING COMPANY NO.70, 1ST CROSS, 2ND A MAIN DOMLUR LAYOUT, BANGALORE - 560 071 REP BY ITS PROPRIETOR /CEO SRI P.J. JACOB. …PETITIONER (BY SRI P. RAVEENDRAN, ADV.) AND: 1. M/S CONFIDENT PROJECT (INDIA) LTD., 574 PARK HOUSE, 80 FEET ROAD 8TH BLOCK, KORAMANGALA BANGALORE - 560 095 REP BY ITS MANAGING DIRECTOR. 2. DR. ROY C.J CHAIRMAN AND MANAGING DIRECTOR, M/S CONFIDENT (INDIA) PROJECTS LTD, 574 PARK HOUSE 80 FEET ROAD, 8TH BLOCK KORAMANGALA, BANGALORE - 560 095. …RESPONDENTS (BY SRI VIVEK HOLLA, ADV., FOR R-1 & R-2) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS IN OS NO.26687/2014, CITY CIVIL COURT (MAYO HALL) BANGALORE, AND TO SET ASIDE THE IMPUGNED ORDER IN OS NO.26687/2014 PASSED BY THE XIII ADDL. CITY CIVIL AND SESSIONS JUDGE, AT MAYOHALL UNIT, BANGALORE, DTD 30.05.2016 AS PER ANNEXURE- A IN ALLOWING THE APPLICATION FILED BY THE RESPONDENTS/DEFENDANTS UNDER SECTION 5 AND 8 READ WITH SECTION 9 OF CPC OF THE ARBITRATION AND CONCILIATION ACT Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50204 WP No. 6928 of 2021 1996 BY ALLOWING THIS W.P. AND CONSEQUENTLY DIRECT THE TRIAL OF THE SUIT. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Learned counsel for the petitioner submits that this writ petition may be dismissed as withdrawn reserving liberty to the petitioner to file necessary application before this Court under Section 11 of the Arbitration and Conciliation Act, 1996 for appointment of arbitrator to adjudicate the dispute between the parties. He has filed a memo to the said effect. 2. The said submission and memo placed on record. 3. The writ petition is dismissed as withdrawn with liberty as prayed for. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 1 Sl No.: 33