- 1 - HC-KAR NC: 2025:KHC:25972-DB COMAP No. 232 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE DR. JUSTICE K.MANMADHA RAO COMMERCIAL APPEAL NO. 232 OF 2021 BETWEEN: 1. SRI. V. VIDYASAGAR S/O LATE N. VENKATARAM AGED ABOUT 55 YEARS 2. SMT. USHA S. W/O SRI. V. VIDYASAGAR AGED ABOUT 53 YEARS BOTH ARE R/AT. PARVATHAMMA BUILDING PARVATHAMMA LAYOUT THINDLU, VIDYARANYAPURA POST BENGALURU-560 095 …APPELLANTS (BY SRI. AMOGHA R. SHARMA, ADVOCATE FOR SRI. RAJESWARA P.N., ADVOCATE) AND: 1. M/S. SPACE EMPLOYEES CO-OPERATIVE HOUSING SOCIETY LTD. A SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959 HAVING ITS REGISTERED OFFICE AT ISRO SATELLITE CENTRE OLD AIRPORT ROAD Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:25972-DB COMAP No. 232 of 2021 BENGALURU-560 017 REPRESENTED BY ITS PRESIDENT 2. MR. KUKKAJE RAMAKRISHNA BHAT RETIRED DISTRICT AND SESSION JUDGE AND ARBITRATOR No.2, 1ST CROSS, 1ST MAIN JUDICIAL OFFICERS' LAYOUT SANJAYNAGAR RMV II STAGE BENGALURU-560 009 …RESPONDENTS (BY SRI. ABHINAV R., ADVOCATE FOR R1; NOTICE TO R2 IS DISPENSED WITH V.O. DATED 08.02.2022) THIS COMAP / COMMERCIAL APPEAL IS FILED UNDER SECTION 13(1A) OF THE COMMERCIAL COURTS ACT, 2015 R/W SECTION 37(1)(C) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO (i) SET ASIDE THE JUDGMENT AND DECREE DATED 17.11.2020 IN COMMERCIAL ARBITRATION SUIT No.72/2015 PASSED BY THE HON'BLE COURT OF LXXXIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY, (CCH No.84), BENGALURU AND CONSEQUENTLY SET ASIDE THE ARBITRAL AWARD DATED 11.03.2015 IN A.C.No.2/2009 PASSED BY THE HON'BLE SOLE ARBITRATOR AND ETC. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE DR. JUSTICE K.MANMADHA RAO - 3 - HC-KAR NC: 2025:KHC:25972-DB COMAP No. 232 of 2021 ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) It is submitted by the learned counsel for the appellants that the execution had been proceeded during the pendency of the appeal and that the decree stands satisfied. 2. In the above view of the matter, the appellants seeks to withdraw the appeal since it has become infructuous. 3. The memo for withdrawal is taken on record. In view of the memo, the appeal is dismissed as having become infructuous. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (DR.K.MANMADHA RAO) JUDGE RAK List No.: 1 Sl No.: 76