- 1 - HC-KAR NC: 2025:KHC:51206 CMP No. 385 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CIVIL MISC. PETITION NO. 385 OF 2023 BETWEEN: SRI MEPPURATH BHASKARAN DASAN AGED ABOUT 62 YEARS S/O K M BHASKARNA NAIR RESIDING AT G-1, ADITYA RESIDENCY BHADRAPPA LAYOUT, KODIGEHALLI MAIN ROAD OPPOSITE SHANTHINIKETAN SCHOOL BANGALORE 560094 …PETITIONER (BY SRI. SHYAM KOUNDINYA A S., ADVOCATE) AND: M/S SCENIC BEAUTY HOMES PRIVATE LTD OFFICE AT 552, 7TH MAIN ROAD AGS LAYOUT, DOLLARS COLONY R M V 2ND STAGE, BENGALURU 560094 KARNATAKA STATE REP. BY ITS CHIEF OPERATING OFFICER, SRI KIRAN A. …RESPONDENT (RESPONDENT SERVED) THIS CIVIL MISC. PETITION IS FILED UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO APPOINT A SOLE ARBITRATOR ATTACHED TO THE ARBITRATION CENTRE, BANGALORE FOR ADJUDICATION OF THE DISPUTES AND CLAIMS RAISED BY THE PETITIONER AGAINST THE RESPONDENT IN HIS NOTICE DATED 18.04.2023 IN RELATION TO THE CLAUSE 30 OF CONSTRUCTION AGREEMENT DATED 19.10.2022 AT ANNEXURE A IN THE INTEREST OF JUSTICE INCLUDING ALLOWING THE PETITION WITH COSTS. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:51206 CMP No. 385 of 2023 CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs: The Petitioner therefore prays that this Hon'ble Court be pleased to take such steps as may be necessary under Section 11(6) of the Arbitration and Conciliation Act 1996 and appoint a Sole Arbitrator attached to the Arbitration Centre Bangalore for adjudication of the disputes and claims raised by the Petitioner against the Respondent in his notice dated 18.04.2023 in relation to the clause 30 of Construction Agreement dated 19.10.2022 at Annexure-A in the interest of justice including allowing the petition with costs. 2. A memo dated 05.12.2025 has been filed, signed by the petitioner and learned counsel for the petitioner, which reads as under; MEMO FOR WITHDRAWAL OF THE PETITION The undersigned submits as follows: In view of the petitioner filing a Consumer Complaint bearing No.DC/525/CC/333/2025 which is pending before the DCDRC, Bangalore Urban District for redressal of the grievances raised in the notice and above petition the petitioner does not intend to press the above petition. The above petition may be therefore dismissed as withdrawn with liberty to prosecute the above consumer dispute or in any other appropriate forums in the interest of justice. - 3 - HC-KAR NC: 2025:KHC:51206 CMP No. 385 of 2023 3. Learned counsel for the petitioner submits that the petitioner had already approached the Consumer Forum rendering the above petition infructuous. 4. Placing his submission on record, the petition is dismissed as having become infructuous. Sd/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 110