- 1 - HC-KAR NC: 2025:KHC:49658 CMP No. 233 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CIVIL MISC. PETITION NO. 233 OF 2024 BETWEEN: 1. MR. C.M. CHANNAPPA SON OF CHIKKA MUNIHARASAPPA, AGED ABOUT 74 YEARS. 2. MS. VIMALA CHANNAPPA DAUGHTER OF C.M. CHANNAPPA, AGED ABOUT 47 YEARS. 3. MS. NIRMALA CHANNAPPA DAUGHTER OF C.M. CHANNAPPA, AGED ABOUT 41 YEARS. REPRESENTED BY GPA HOLDER, MR C M CHANNAPPA AND MR VINODH K CHANNAPPA 4. MR VINODH K. CHANNAPPA SON OF C M CHANNAPPA, AGED ABOUT 41 YEARS. ALL ARE RESIDING AT AVALAHALLI VILLAGE, BIDARAHALLI HOBLI, BANGALORE SOUTH TALUK, BANGALORE - 560064. …PETITIONERS (BY SRI. AJAY SHANKAR, ADVOCATE) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49658 CMP No. 233 of 2024 AND: 1. M/S A ONE SHELTERS PVT LTD A COMPANY INCORPORATED UNDER THE, COMPANIES ACT, 1956, HAVING ITS OFFICE AT AHUJA PALACE, NO 96, RICHMOND ROAD, BANGALORE - 560 025. REPRESENTED BY ITS MANAGING DIRECTOR, MR ARJUNLAL N AHUJA. 2. MR NARENDRA K CHANNAPPA SON OF C M CHANNAPPA, AGED ABOUT 45 YEARS, RESIDING AT AVALAHALLI VILLAGE, BIDARAHALLI HOBLI, BANGALORE SOUTH TALUK, BANGALORE - 560 064. …RESPONDENTS (BY SRI. DEEPAK B. SAGAR, ADVOCATE FOR R1) THIS CMP IS FILED UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO 1.APPOINT AN ARBITRATOR IN TERMS OF CLAUSE 32 OF THE JOINT DEVELOPMENT AGREEMENT DATED 18.01.2008, VIDE ANNEXURE - A. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ - 3 - HC-KAR NC: 2025:KHC:49658 CMP No. 233 of 2024 ORAL ORDER 1. The petitioners are before this Court seeking for the following reliefs; "(a) Appoint an Arbitrator in terms of Clause 32 of the Joint Development Agreement dated 18.01.2008 vide Annexure-A. (b) Grant costs of this petition to the petitioners, and (c) Grant such other reliefs as the Hon'ble Court deems fit in the circumstances of the case, in the interest of justice and equity." 2. Memo dated 28.11.2025 has been filed signed by the learned for the petitioners, which reads as under: "The undersigned counsel representing the petitioner is herewith submitting that a supplementary Agreement dated 18.01.2008 is entered between the parties and in lieu of the Supplementary Agreement the parties have settled amicably. The settlement took on light of certain conditions which are clearly mentioned in the Supplementary agreement. Thus, the petitioner prays before this Hon'ble Court to withdraw the matter along with a liberty to file a fresh petition if any need arises. - 4 - HC-KAR NC: 2025:KHC:49658 CMP No. 233 of 2024 Wherefore, this memo may be considered in the interest of justice and equity." 3. Accepting the said memo, petition is dismissed as withdrawn. 4. Pending IA.s if any, stands dismissed. SD/- (SURAJ GOVINDARAJ) JUDGE VS List No.: 3 Sl No.: 93