- 1 - HC-KAR NC: 2025:KHC:31002-DB COMAP No. 71 of 2022 C/W COMAP No. 6 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE RAJESH RAI K COMMERCIAL APPEAL NO. 71 OF 2022 C/W COMMERCIAL APPEAL NO. 6 OF 2022 IN COMAP No. 71/2022 BETWEEN: M/S. KSM NIKETAN PVT LTD A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956 HAVING ITS ADMN OFFICE AT NO.74, KIADB INDUSTRIAL AREA 4TH PHASE, MALUR -563 130, KOLAR DISTRICT REPRESENTED BY ITS DIRECTOR & AUTHORIZED SIGNATORY SRI. ADITYA KANKARIA …APPELLANT (BY SRI. ASHUTOSH RANJAN, ADVOCATE FOR SRI. P CHINNAPPA, ADVOCATE) AND: 1. SMT. MUNINARASAMMA AGED ABOUT 69 YEARS, W/O LATE SRI. H.C ANJANAPPA RESIDING AT NO.232 Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31002-DB COMAP No. 71 of 2022 C/W COMAP No. 6 of 2022 MARUTHI KRUPA VILLAGE, HAGADUR WHITEFIELD, BANGALORE-560 066 2. SRI. H.A SATHISH KUMAR AGED ABOUT 45 YEARS, S/O LATE SRI. H.C. ANJANPPA RESIDING AT HIMARSHA NILAYA PENT HOUSE, BLOCK 'B' VIJETHA ELYSIUM APARTMENTS HAGADUR MAIN ROAD WHITEFIELD, BANGALORE-560 066 3. SRI. H.A NARENDRA KUMAR AGED ABOUT 47 YEARS, S/O LATE H.C. ANJANAPPA RESIDING AT PENT HOUSE BLOCK 'E', VIJETHA ELYSIUM HAGADUR MAIN ROAD, WHITEFIELD, BANGALORE-560 066 4. SMT RENUKA AGED ABOUT 54 YEARS, W/O SRI. G. MUNIYAPPA RESIDING AT FLAT NO.103, BLOCK 'A' VIJETHA ELYSIUM APARTMENTS HAGADUR ROAD, WHITE FIELD BANGALORE-560 066 5. SMT BHAGYA AGED ABOUT 51 YEARS, W/O SRI. K.S NARAYANASWAMY RESIDING AT CHANDAN NIVAS KARIMARIYAMMA TEMPLE ROAD WHITEFIELD, BANGALORE-560 066 6. SMT AMBUJA AGED ABOUT 49 YEARS, W/O SRI RAMESH RESIDING AT NO.68/40 DODDAIH LAYOUT ULSOOR JOGUPALYA - 3 - HC-KAR NC: 2025:KHC:31002-DB COMAP No. 71 of 2022 C/W COMAP No. 6 of 2022 BANGALORE-560 008 7. SRI. H.A. SRINIVASA AGED ABOUT 47 YEARS, S/O LATE SRI. H.C ANJANAPPA RESIDING AT MARUTHI KRUPA HAGADUR, WHITEFIELD BANGALORE-560 066 8. SRI. H.A. SOMASHEKAR AGED ABOUT 44 YEARS, S/O LATE SRI. H.C ANJANAPPA RESIDING AT PENT HOUSE BLOCK 'D', VIJETHA ELYSIUM APARTMENTS HAGADUR MAIN ROAD, WHITEFIELD BANGALORE-560 066 9. SMT. ROOPA RANI AGED ABOUT 43 YEARS, W/O SRI. CHANDRASHEKAR GOWDA RESIDIGN AT 'HONGIRANANA NILAYA' THANISANDRA, SHIVARAMA KARANTH NAGAR POST BANGALORE-560 045 10. SMT. KAVITHA AGED ABOUT 40 YEARS, W/O K.M. CHAKRAPANI RESIDING AT NO.1298 RAJARAJESWARI ROAD, KODIGEHALLI MAIN ROAD VIRUPAKSHAPURA BANGALORE-560 097 …RESPONDENTS (BY SRI. MADHUSUDANA V AND SRI. GAUTHAM R, ADVOCATE FOR C/R1-R4 & R6-R10) THIS COMAP IS FILED UNDER SECTION 13(1A) OF THE COMMERCIAL COURTS ACT, 2015 R/W SECTION 37(1)(B) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO SET ASIDE THE SAID JUDGMENT AND ORDER DATED 26/10/2021, PASSED IN COM.A.A.NO. 158/2020, ON THE FILE - 4 - HC-KAR NC: 2025:KHC:31002-DB COMAP No. 71 of 2022 C/W COMAP No. 6 of 2022 OF THE LEARNED LXXXV ADDL. CITY CIVIL AND SESSIONS JUDGE AND COMMERCIAL COURT AT BENGALURU (CCH 86) AND ALLOWING THE ABOVE APPEAL, AND THE APPLICATION AS FILED BY THE APPELLANT BEFORE THE COURT BELOW AND ETC. IN COMAP NO. 6/2022 BETWEEN: 1. SMT. MUNINARASAMMA AGED ABOUT 68 YEARS (SENIOR CITIZEN BENIFIT NOT CLAIMED) W/O LATE SRI. H.C ANJINAPPA NO.232, MARUTHIKRUPA VILLAGE HAGADUR, WHITEFIELD BENGALURU-560 066 (REPRESENTED BY GPA HOLDER SRI. H.A. SATISH KUMAR) 2. SRI. H.A SATISH KUMAR AGED ABOUT 44 YEARS S/O LATE SRI H.C ANJINAPPA HIMARSHA NILAYA, PENTHOUSE BLOCK 'B', VIJETHA ELYSIUM APARTMENTS. HAGADUR MAIN ROAD WHITELFIELD, BENGALURU-560 066 3. SRI. H.A SRINIVAS AGED ABOUT 46 YEARS S/O LATE SRI. H.C ANJINAPPA MARUTHI KRUPA, HAGADUR WHITELFIELD, BENGALURU-560 066 4. SRI. H.A NARENDRA KUMAR AGED ABOUT 46 YEARS S/O LATE SRI. H.C ANJINAPPA PENTHOUSE, BLOCK 'E' VIJETHA ELYSIUM APARTMENTS HGADUR MAIN ROAD, WHITEFIELD BENGALURU-560 066 - 5 - HC-KAR NC: 2025:KHC:31002-DB COMAP No. 71 of 2022 C/W COMAP No. 6 of 2022 5. H.A SOMASHEKAR AGED ABOUT 44 YEARS S/O SHRI. H.C ANJINAPPA PENTHOUSE, BLOCK 'D' VIJETHA ELYSIUM, HGADUR MAIN ROAD, WHITEFIELD, BENGALURU-560 066 6. SMT. ROOPA RANI AGED ABOUT 42 YEARS W/O CHANDRASHEKAR GOWDA 'HONGIRANA NILAYA' THANISANDRA, SHIVARAMA KARANTH NAGAR POST, BANGALORE-560 045 7. SMT AMBUJA AGED ABOUT 48 YEARS W/O SHRI. RAMESH NO.68/40, DODDAIAH LAYOUT ULSOOR, JOGUPALYA BENGALURU-560 008 8. SMT. RENUKA AGED ABOUT 53 YEARS W/O SRI. G. MUNIYAPPA FLAT NO.103, BLOCK 'A' VIJETHA ELYSIUM APARTMENTS HAGADUR MAIN ROAD WHITEFIELD, BENGALURU-560 056 9. SMT. KAVITHA AGED ABOUT 39 YEARS W/O SHRI. K.M CHAKRAPANI NO.1298, RAJARAJESHWARI ROAD KODIGEHALLI MAIN ROAD VIRUPAKSHAPURA, BENGALURU-560 097 ...APPELLANTS (BY SRI. RAJATH R HONGAL, ADVOCATE FOR SRI. SAMMITH. S, ADVOCATE) - 6 - HC-KAR NC: 2025:KHC:31002-DB COMAP No. 71 of 2022 C/W COMAP No. 6 of 2022 AND: 1. M/S KSM NIKETAN PVT LTD A PRIVATE LIMITED COMPANY HAVING ITS REGISTERED OFFICE AT 9A, ESPLANNADE EAST KOLKATTA-700 069 ALSO AT: 688, 1ST FLOOR 9TH A MAIN ROAD 1ST STAGE, INDIRANAGAR BENGALURU-560 038 REPRESENTED BY ITS AUTHORISED SIGNATORY MR. ADITYA KANKARIA 2. M/S OLYMPIA REAL ESTATES CHENNAI PVT.LTD A PRIVATE LIMITED COMPANY HAVING ITS REGISTERED OFFICE AT OLYMPIA TECHONOOLGY PARK NO.1 SIDCO INDUSTRIAL AREA CHENNAI-600 032 REP BY ITS AUTHORISED SIGNATORY MR. PRAKASH CHAND 3. SMT. MAHALAKSHMI KAILAS W/O SRI. S. KAILAS AGED ABOUT 63 YEARS NO 10, IODO KHAN STREET T. NAGAR, CHENNAI 600017 4. SMT. ANITA SAMUEL W/O PHILIP SAMUEL AGED ABOUT 62 YEARS NO 103, 4TH MAIN DOMLUR, BENGALURU-560 071 5. SRI. VEMIREDDY PRABHAKAR REDDY AGED ABOUT 60 YEARS - 7 - HC-KAR NC: 2025:KHC:31002-DB COMAP No. 71 of 2022 C/W COMAP No. 6 of 2022 S/O SIVA KOTA REDDY 6. SMT. PRASHANTHI REDDY AGED ABOUT 50 YEARS W/O SRI VEMIREDDY PRABHAKAR REDDY BOTH RESPONDENT NOS. 5 AND 6 RESIDING AT PLOT NO.558 KINGS COURT AVENUE MUGUNTA LAYOUT NELLORE-524 003 ...RESPONDENTS (BY SRI. ASHUTOSH RANJAN, ADVOCATE FOR SRI. P. CHINNAPPA, ADVOCATE FOR R1, SRI. JOSHUA H SAMUEL, ADVOCATE FOR C/R3 & R4) THIS COMAP IS FILED U/S 13(1A) OF THE COMMERCIAL COURTS ACT, 2015, R/W SECTION 37(1)(B) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO SET ASIDE THE COMMON ORDERS PASSED BY THE LEARNED LXXXV ADDL. CITY CIVIL AND SESSIONS JUDGE AT BENGALURU (CCH-86) DATED 26/10/2021 ON THE APPLICATION FILED BY THE APPELLANTS UNDER SECTION 9 OF THE ARBITRATION AND CONCILIATION ACT, 1996 AND ALSO I.A.NO. 3 FILED BY THE APPELLANTS UNDER ORDER 1 RULE 10 R/W SECTION 151 OF THE CPC, 1908 AND I.A.NO. 4 FILED BY THE APPELLANTS UNDER ORDER VI RULE 17 R/W 151 OF THE CPC, 1908 IN COM.A.A NO. 94/2020 AS CONTAINED IN ANNEXURE-A AND ETC. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 8 - HC-KAR NC: 2025:KHC:31002-DB COMAP No. 71 of 2022 C/W COMAP No. 6 of 2022 CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) It is submitted by the learned counsel appearing on either side that, pursuant to the liberty reserved, the parties had approached the Arbitrator and that an arbitral award has also been passed. In the above view of the matter, nothing survives for consideration in these appeals. The appeals are accordingly closed. Parties are permitted to work out their remedies in accordance with law. SD/- (ANU SIVARAMAN) JUDGE SD/- (RAJESH RAI K) JUDGE HKV List No.: 1 Sl No.: 33