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2025 DAILYLAW 73359 (KAR)

M/S EMBASSY PROPERTY DEVELOPMENTS v. M/S MANDAVA HOLDINGS PRIVATE LIMITED

CMP/485/2024 · 2025-11-26

E S Indiresh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:48959 CMP NO.485 OF 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH CIVIL MISCELLANEOUS PETITION NO.485 OF 2024 BETWEEN: M/S EMBASSY PROPERTY DEVELOPMENTS PRIVATE LIMITED (FORMERLY KNOWN AS DYNASTY DEVELOPERS PRIVATE LIMITED) INCORPORATED UNDER THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT: EMBASSY PAINT, 1ST FLOOR, 150, INFANTRY ROAD, BENGALURU - 560 001. REP. BY ITS AUTHORIZED SIGNATORY MR. B. S. MOHAN. …PETITIONER (BY SRI. AJESH KUMAR S., ADVOCATE) AND: 1. M/S MANDAVA HOLDINGS PRIVATE LIMITED (FORMERLY KNOWN AS PRABHAT HOMES PRIVATE LIMITED) INCORPORATED UNDER THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT: NSL ICON, 4TH FLOOR, 8-2-684/2/A, PLOT NO.1 AND 4, OPP. ICICI BANK, ROAD NO. 12, BANJARA HILLS, HYDERABAD - 500 034. REP. BY ITS DIRECTOR MR. M. PRABHAKAR RAO. 2. REDDY VEERANNA S/O R. SANJEEVAPPA AGED ABOUT 65 YEARS, Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48959 CMP NO.485 OF 2024 R/AT NO.109, 10TH MAIN, 7TH CROSS RMV EXTENSION, SADASHIVA NAGAR, BENGALURU - 560 080. OFFICE AT: 2ND FLOOR, CLASSIC COURT, RICHMOND ROAD, BENGALURU - 560 020. 3. T. SUDHAKAR S/O SRI T. SANJEEVARAYUDA AGE: MAJOR, R/AT NO.14, TILAK NAGAR, MAIN ROAD, OPP. SAGAR MOTORS, BENGALURU - 560 041. 4. B. VISHNUVARDHAN S/O SRI. S.B. RAMACHANDRAIAH, AGE: MAJOR, R/AT NO.1, SAMACHAR APARTMENTS, MAYUR VIHAR PHASE NO.1, NEW DELHI - 110 092. …RESPONDENTS (BY SRI. NISHAN G K., ADVOCATE FOR R1 RESPONDENTS 2 TO 4 - SERVED) THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO APPOINT A SOLE ARBITRATOR AS PER THE PROVISIONS OF THE ARBITRATION AND CONCILIATION ACT, 1996 IN RESPECT OF THE DISPUTES ARISEN BETWEEN THE PARTIES ON RESPECT OF CLAUSE 9 OF THE AGREEMENT OF SALE DATED 04TH AUGUST, 2005 AND CLAUSE 10 OF THE ASSIGNMENT AGREEMENT DATED 25TH SEPTEMBER, 2008 VIDE ANNEXURES 'B' AND 'D'. THIS PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S. INDIRESH - 3 - HC-KAR NC: 2025:KHC:48959 CMP NO.485 OF 2024 ORAL ORDER Learned counsel appearing for the petitioner filed application IA.1 of 2025 under Order XXIII Rule 1 of the Code of Civil Procedure, 1908, seeking leave of the Court to withdraw the petition with a liberty to file a fresh petition. 2. Taking into consideration the reasons stated by the petitioner in the affidavit accompanying application, I am of the view that the petition deserves to be disposed of with a liberty to file a fresh petition. 3. Accordingly, IA.1 of 2025 is allowed; consequently, Civil Miscellaneous petition stands disposed of, reserving liberty to the petitioner to file a fresh petition as sought for in the application. SD/- (E.S. INDIRESH) JUDGE ARK List No.: 1 Sl No.: 13