- 1 - HC-KAR NC: 2025:KHC:49656 CMP No. 456 of 2023 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. 456 OF 2023 BETWEEN: 1. DR. B. GANESH BALIGA AGED ABOUT 73 YEARS S/O LATE PUNDALIKA 2. ARUN BALIGA AGED ABOUT 70 YEARS W/O DR B GANESH BALIGA BOTH ARE R/AT NO.712, 11TH A MAIN 38TH CROSS, JAYANAGAR 4TH T BLOCK BANGALORE - 560 041 …PETITIONERS (BY SRI. ADITYA D., ADVOCATE) AND: 1. M/S BAGPACK SUITES BANGALORE PVT LTD REGISTERED UNDER THE PROVISIONS OF THE COMPANY ACT HAVING ITS REGISTWERED OFFICE AT NO 269 SURYA RESIDENCY A BLOCK, AECS LAYOUT KUNDALAHALLI BANGALORE 560067 REP BY ITS AUTHORISED REPRESENTAITVES a)SRI GANESH KALLAPPA b)SRI SURESH PALAKA …RESPONDENT Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49656 CMP No. 456 of 2023 THE ADVOCATE FOR THE PETITIONER HAS FILED THE ABOVE CIVIL MISC. PETITION UNDER SEC.11(5) AND (6) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING THIS HONBLE COURT) THAT THIS HONBLE COURT IN EXERCISE OF THE POWERS UNDER SECTION 11 OF THE ARBITRATION AND CONCILIATION ACT, 1996, BE PLEASED TO APPOINT A SUITABLE PERSON AS THE ARBITRATOR,TO COMMENCE AND DECIDE THE DISPUTES BETWEEN PETITIONER AND THE RESPONDENT AS PER CLAUSE 26 OF ANNEXURE-B (FACILITY MANAGEMENT CONTRACT) DATED 22/11/2016 AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioners are before this Court seeking for the following reliefs; "(a) That this Hon'ble Court in exercise of the powers under Section 11 of the Arbitration and Conciliation Act, 1996, be pleased to appoint a suitable person as the arbitrator, to commence and decide the disputes between the petitioners and the respondent as per Clause 26 of Annexure-B (Facility Management Contract) dated 22.11.2016. - 3 - HC-KAR NC: 2025:KHC:49656 CMP No. 456 of 2023 (b) For such further and other reliefs as this Hon'ble Court deems fit and proper. © For costs of this Application. " 2. Memo dated 28.11.2025 has been filed signed by the learned for the petitioners, which reads as under: "The undersigned Counsel for the petitioner most respectfully submits as follows: That, the parties have reached terms of settlement and have decided to opt for an out of Court settlement. Hence, the petitioner is willing to withdraw the instant petition. Wherefore, this Hon'ble Court may allow the petitioner to withdraw this petition 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.: 16