- 1 - HC-KAR NC: 2025:KHC:45631 CMP No. 435 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CIVIL MISC. PETITION NO. 435 OF 2024 BETWEEN: SPACE AND DESIGNS HAVING ITS REGISTERED OFFICE AT NO. 101, SOPHIA’S CHOICE NO.7 ST MARKS ROAD BENGALURU 560 001 REP BY ITS PROPRIETOR MR. MOHAMMED SADIQULLA AFUNDI. …PETITIONER (BY SRI. JAVEED S., ADVOCATE) AND: 1. MR TILAKESH N.M. S/O LATE NARAYANA MURTHY 2. MR. RAKESH N.M S/O LATE NARAYANA MURTHY PRESENTLY BOTH ARE R/AT NO. 27/1 STEPHENS ROAD FRAZER TOWN BANGALORE 560 005 SRI. NARAYAN MURTHY.P (DECEASED) …RESPONDENTS (BY SRI. ABHIJEET SINGH RATHORE., ADVOCATE) THIS CMP IS FILED UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILATION ACT, 1996 PRAYING TO APPOINT AN ARBITRATOR AS PER THE PROVISIONS OF SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996 AND REFER THE DISPUTE BETWEEN THE PARTIES TO THE ARBITRATOR TO SETTLE THE *Page No. 1 to 3 are retyped and replaced and Page Nos. 4 & 5 are deleted vide Court order dated 12.12.2025 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45631 CMP No. 435 of 2024 SAME AS PER THE TERMS OF THE SAID REGISTERED CONSTRUCTION AGREEMENT DEED DATED 15-01-2019 ANNEXURE-A IN THE BEST INTEREST OF JUSTICE AND EQUITY. THIS CMP, 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: a. Allow the petition and appoint the nominated arbitrator Mr. Vishveshwara Bhat under the notice dated 13 November 2024 as a sole arbitrator to adjudicate disputes between the Parties as per Clause 11 of the Lease Agreement dated 18.09.2013 (at Annexure A) and Clause 10 of the Facility Maintenance Agreement dated 18.09.2013 (at Annexure B). b. In the alternative, this Hon'ble Court be pleased to appoint a sole arbitrator to adjudicate disputes between the Parties as per Clause 11 of the Lease Agreement dated 18.09.2013 (at Ann-A) and Clause 10 of the Facility Maintenance Agreement dated 18.09.2013 (at Ann-B). c. Grant such further and other reliefs as the Hon'ble Court deems fit in the facts and circumstances of the matter. 2. After arguing for sometime, the learned counsel for the Petitioner seeks permission to withdraw the above petition with liberty to issue fresh and proper notice by - 3 - HC-KAR NC: 2025:KHC:45631 CMP No. 435 of 2024 invoking arbitration clause under Section 21 of the Arbitration and Conciliation Act. 3. Reserving such liberty, the petition is dismissed as withdrawn. 4. Registry is directed to return the original and/or certified copies, if produced, to the respective parties who have produced it/them by following due procedure. SD/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 1 Sl No.: 48