- 1 - HC-KAR NC: 2025:KHC:34512 MFA No. 5556 of 2025 C/W MFA No. 5568 of 2025 MFA No. 5576 of 2025 AND 2 OTHERS IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 5556 OF 2025 (AA) C/W MISCELLANEOUS FIRST APPEAL NO. 5568 OF 2025, MISCELLANEOUS FIRST APPEAL NO. 5576 OF 2025, MISCELLANEOUS FIRST APPEAL NO. 5577 OF 2025, MISCELLANEOUS FIRST APPEAL NO. 5578 OF 2025 IN MFA No. 5556/2025 BETWEEN: M/S AMELIORATE REALTORS PVT. LTD NO. 22, 5TH FLOOR, HARA CHAMBERS, K.H. ROAD, KARNATAKA, BANGALORE – 560 102 REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE MR. THEJAS.M …APPELLANT (BY SRI. RAJESH B.L. ADVOCATE FOR SMT. ARCHANA K.M., ADVOCATE) AND: SMT. SWATHI.K W/O RAKESH C, AGED ABOUT 32 YEARS R/AT #234, 25TH MAIN SECTOR-1, HSR LAYOUT, BANGALORE – 560 102 …RESPONDENT (BY SRI. DECLYN GOMES AND SRI. SRINTHAN HAMPI, ADVOCATE FOR C/R IN CP N0 16815/2025) Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34512 MFA No. 5556 of 2025 C/W MFA No. 5568 of 2025 MFA No. 5576 of 2025 AND 2 OTHERS THIS MFA FILED UNDER SECTION 37(1)(C) OF THE ARBITRATION AND CONCILIATION ACT, AGAINST THE ORDER DATED 01.07.2025 PASSED IN A.A.NO. 65/2024 ON THE FILE OF THE XXXIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY (CCH-40), ALLOWING THE PETITION FILED UNDER SECTION 9 OF ARBITRATION AND CONCILIATION ACT. IN MFA NO. 5568/2025 BETWEEN: M/S AMELIORATE REALTORS PVT. LTD NO. 22, 5TH FLOOR, HARA CHAMBERS, K.H. ROAD, KARNATAKA, BANGALORE – 560 102 REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE MR. THEJAS.M …APPELLANT (BY SRI. RAJESH B.L. ADVOCATE FOR SMT. ARCHANA K.M., ADVOCATE) AND: SMT. SWATHI.K W/O RAKESH C, AGED ABOUT 32 YEARS R/AT #234, 25TH MAIN SECTOR-1, HSR LAYOUT, BANGALORE – 560 102 …RESPONDENT (BY SRI. DECLYN GOMES AND SRI. SRINTHAN HAMPI, ADVOCATE FOR C/R IN CP N0 16815/2025) THIS MFA FILED U/S.37(1)(c) OF THE ARBITRATION AND CONCILIATION ACT, 1996, AGAINST THE JUDGMENT DT. 01.07.2025 PASSED IN AA.NO.64/2024 ON THE FILE OF THE XXXIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, CCH - 40, BENGALURU, ALLOWING THE PETITION FILED U/S. 9 OF THE ARBITRATION AND CONCILIATION ACT. - 3 - HC-KAR NC: 2025:KHC:34512 MFA No. 5556 of 2025 C/W MFA No. 5568 of 2025 MFA No. 5576 of 2025 AND 2 OTHERS IN MFA NO. 5576/2025 BETWEEN: M/S AMELIORATE REALTORS PVT. LTD NO. 22, 5TH FLOOR, HARA CHAMBERS, K.H. ROAD, KARNATAKA, BANGALORE – 560 102 REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE MR. THEJAS.M …APPELLANT (BY SRI. RAJESH B.L. ADVOCATE FOR SMT. ARCHANA K.M., ADVOCATE) AND: SMT. SWATHI.K W/O RAKESH C, AGED ABOUT 32 YEARS R/AT #234, 25TH MAIN SECTOR-1, HSR LAYOUT, BANGALORE – 560 102 …RESPONDENT (BY SRI. DECLYN GOMES AND SRI. SRINTHAN HAMPI, ADVOCATE FOR C/R IN CP N0 16815/2025) THIS MFA FILED UNDER SECTION 37(1)(C) OF THE ARBITRATION AND CONCILIATION ACT, AGAINST THE ORDER DATED 01.07.2025 PASSED IN A.A.NO. 66/2024 ON THE FILE OF THE XXXIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY (CCH -40), ALLOWING THE PETITION FILED UNDER SECTION 9 OF ARBITRATION AND CONCILIATION ACT. IN MFA NO. 5577/2025 BETWEEN: M/S AMELIORATE REALTORS PVT. LTD NO. 22, 5TH FLOOR, HARA CHAMBERS, K.H. ROAD, KARNATAKA, BANGALORE – 560 102 - 4 - HC-KAR NC: 2025:KHC:34512 MFA No. 5556 of 2025 C/W MFA No. 5568 of 2025 MFA No. 5576 of 2025 AND 2 OTHERS REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE MR. THEJAS.M …APPELLANT (BY SRI. RAJESH B.L. ADVOCATE FOR SMT. ARCHANA K.M., ADVOCATE) AND: SMT. SWATHI.K W/O RAKESH C, AGED ABOUT 32 YEARS R/AT #234, 25TH MAIN SECTOR-1, HSR LAYOUT, BANGALORE – 560 102 …RESPONDENT (BY SRI. DECLYN GOMES AND SRI. SRINTHAN HAMPI, ADVOCATE FOR C/R IN CP N0 16815/2025) THIS MFA FILED U/S.37(1)(b) OF THE ARBITRATION AND CONCILIATION ACT, 1996, AGAINST THE JUDGMENT DT.01.07.2025 PASSED IN A.A.NO.63/2024 ON THE FILE OF THE XXXIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY, (CCH-40), ALLOWING THE PETITION FILED U/S.9 OF THE ARBITRATION AND CONCILIATION ACT. IN MFA NO. 5578/2025 BETWEEN: M/S AMELIORATE REALTORS PVT. LTD NO. 22, 5TH FLOOR, HARA CHAMBERS, K.H. ROAD, KARNATAKA, BANGALORE – 560 102 REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE MR. THEJAS.M …APPELLANT (BY SRI. RAJESH B.L. ADVOCATE FOR SMT. ARCHANA K.M., ADVOCATE) - 5 - HC-KAR NC: 2025:KHC:34512 MFA No. 5556 of 2025 C/W MFA No. 5568 of 2025 MFA No. 5576 of 2025 AND 2 OTHERS AND: SMT. SWATHI.K W/O RAKESH C, AGED ABOUT 32 YEARS R/AT #234, 25TH MAIN SECTOR-1, HSR LAYOUT, BANGALORE – 560 102 …RESPONDENT (BY SRI. DECLYN GOMES AND SRI. SRINTHAN HAMPI, ADVOCATE FOR C/R IN CP N0 16815/2025) THIS MFA FILED U/S.37(1)(b) OF THE ARBITRATION AND CONCILIATION ACT, 1996, AGAINST THE JUDGMENT DT.01.07.2025 PASSED IN A.A.NO.62/2024 ON THE FILE OF THE XXXIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY, (CCH-40), ALLOWING THE PETITION FILED U/S.9 OF THE ARBITRATION AND CONCILIATION ACT. THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT Learned counsel for the appellant submitted that an amount of Rs.6,95,000/- has been deposited before this Court through a demand draft and a copy of the demand draft has been filed along with memo. 2. Earlier, the appellant had deposited an amount of Rs.29,80,000/- before this Court through demand draft. - 6 - HC-KAR NC: 2025:KHC:34512 MFA No. 5556 of 2025 C/W MFA No. 5568 of 2025 MFA No. 5576 of 2025 AND 2 OTHERS 3. In view of deposit of the above-mentioned amount, the appeals are disposed of by setting aside the order passed by the Trial Court. 4. Whether, the respondents are entitled to the amount or not shall be decided by the learned Arbitrator, who is yet to be nominated by this Court. 5. The Registry is directed to deposit the aforementioned amount as a fixed deposit in any Nationalized Bank so as to earn interest. 6. With all these observations, the appeals are disposed of. SD/- (HANCHATE SANJEEVKUMAR) JUDGE SRA List No.: 1 Sl No.: 21