- 1 - HC-KAR NC: 2025:KHC-D:9720 CMP No. 100009 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CIVIL MISC PETITION NO. 100009 OF 2025 BETWEEN: MANAN CONSTRUCTIONS, SANGLI HAVING ITS OFFICE AT PLOT NO.16 ‘ASHOK BAG’ GAJANAN HOUSING SOCIETY, 100 FT ROAD DHAMANI CHOWK SANGLI 416416 R/BY ITS PROPRIETOR SHRI MAHADEV S/O. BABU NEELGAR AGE. 63 YEARS, OCC. BUSINESS R/O. H.NO. 462, SHINDIKURBEK, TAL. GOKAK DIST. BELAGAVI 591310. …PETITIONER (BY SRI. PRANAV SUKHADEO KATAGERI, ADVOCATE) AND: GOUDAR JAGGERY PVT. LTD., N.G. GOUDAR DIRECTOR OF GOUDAR JAGGERY PVT. LTD., OFFICE AT N.G. GOUDAR ARCADE GANESH TEMPLE ROAD, MUDHOL, DISTRICT BAGALKOT 587313. …RESPONDENT THIS CIVIL MISCELLANEOUS PETITION FILED UNDER SECTION 11(4) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO APPOINT AN ARBITRATOR UNDER SEC. 11(4) OF THE ARBITRATION AND CONCILIATION ACT, 1996 IN TERMS OF THE AGREEMENT DATED 31.08.2018 VIDE ANNEXURE-A ENTERED BETWEEN THE PETITIONER AND THE RESPONDENT OR TO GRANT ANY OTHER RELIER/S TO WHICH THE PETITIONER IS FOUND ENTITLED TO IN THE FACTS AND CIRCUMSTANCES OF THIS CASE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.08.06 11:05:39 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9720 CMP No. 100009 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE G BASAVARAJA) Learned Counsel for the Petitioner has filed a memo seeking to withdraw the Petition. The same reads as under: “MEMO FOR WITHDRAWAL The petitioner herein submits as follows: That, in the top-noted petition the office has raised an objection with respect to the maintainability of the petition before this Hon’ble Court in view of jurisdiction. In the Agreement executed between the parties, the venue is fixed as Bangalore as such, the seat is also assumed to be Bangalore. Hence, the petitioner may kindly be allowed to withdraw the top-noted petition and liberty kindly be reserved to file fresh petition before the jurisdictional Bench. Therefore, the memo be kindly taken on record and necessary orders may be passed in the interest of justice and equity.” - 3 - HC-KAR NC: 2025:KHC-D:9720 CMP No. 100009 of 2025 2. Memo is taken on record. In view of the memo, petition is dismissed as withdrawn with liberty to file fresh petition in accordance with law before the jurisdictional Bench. Sd/- (G BASAVARAJA) JUDGE lnn Ct-cmu LIST NO.: 1 SL NO.: 20