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2025 DAILYLAW 79995 (KAR)

M/S ELEGANCE HOMES v. MR M S PRAKASH

CMP/203/2023 · 2025-12-19

Suraj Govindaraj

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:54674 CMP No. 203 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CIVIL MISC. PETITION NO. 203 OF 2023 BETWEEN: 1. M/S ELEGANCE HOMES A PARTNERSHIP FIRM FORMERLY HAVING ITS OFFICE AT NO.20, IST FLOOR, VGP LAYOUT ROAD KUDLU VILLAGE, BENGALURU-560068 NOW AT FLAT NO.501, SITE NO.1482, 1483, SRI NILAYA RESIDENCY 2 DECCAN PALMS LAYOUT ANANTHANAGAR ELECTRONIC CITY PHASE 2, BENGALURU (BANGALORE) URBAN, KARNATAKA-560100 REPRESENTED BY ITS MANAGIGN PARTNER MR MAMIDI SANTHOSH REDDY S/O SRI MAMIDI SATHYAM REDDY AGED ABOUT 41 YEARS 2. MR VINOD KUMAR R S/O RAJENDRA PRASAD AGED ABOUT 31 YEARS MANAGING PARTNER OF M/S ELEGANCE HOMES R/A NO.61, DODDANAGAMANGALA Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:54674 CMP No. 203 of 2023 ELECTRONIC CITY POST BENGALURU- 560 100 …PETITIONERS (BY SRI. SRINIVASA MURTHY S., ADVOCATE) AND: 1. MR M S PRAKASH S/O SRI M A SWAMY AGED ABOUT 51 YEARS R/A NO.11/1, SHANTHI NILAYAM G 5TH STREET, ULSOOR BENGALURU- 560 008 2. MR GEORGE MATHEW S/O MR K BALARAJ AGED ABOUT 51 YEARS R/A NO.425, DOBIGHAT ROAD M V GARDEN, ULSOOR BENGALURU-560008 3. MR P VENKATESHWARA RAO S/O SRI BASAVALINGAM AGED ABOUT 64 YEARS R/A FLAT NO.502, SMR DEVMUK 9TH MAIN, VIJAYA BANK LAYOUT BILEKAHALLI, BENGALURU-560076 …RESPONDENTS (R2 SD) THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(6) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO APPOINT HON'BLE MR.JUSTICE.K.N.KESHAVANARAYANA OR HON'BLE MR.JUSTICE A.V.CHANDRASHEKARA, FORMER - 3 - HC-KAR NC: 2025:KHC:54674 CMP No. 203 of 2023 JUDGES, HIGH COURT OF KARNATAKA, BANGALORE AS A SOLE ARBITRATOR IN THE PRESENT MATTER TO ADJUDICATE AND RESOLVE THE DISPUTES BETWEEN THE PARTIES AND TO REFER THE SAME TO ARBITRATION, IN TERMS OF CLAUSE 19 AND 19.1 OF MEMORANDUM OF UNDERSTANDING DATED 25.03.2022 PRODUCED AS ANNEXURE-E. 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) Appoint Hon'ble Mr. Justice K.N. Keshavanarayana or Hon'ble Mr. Justice A.V.Chandrashekara, former judges, High Court of Karnataka, Bangalore as a Sole Arbitrator in the present matter to adjudicate and resolve the disputes between the parties and to refer the same to Arbitration, in terms of clause 19 and 19.1 of Memorandum of Understanding dated 25.03.2022 produced as Annexure-E. b) Grant costs and such other and further reliefs as this Hon'ble Court may deem fit in the facts and circumstances of the case, in the interest of justice and equity." 2. The learned counsel appearing for the petitioners has filed a memo dated 08.12.2025, seeking permission of - 4 - HC-KAR NC: 2025:KHC:54674 CMP No. 203 of 2023 the Court to withdraw the petition. The said memo reads as follows: "The petitioners above named submits as follows: The petitioners herein seek permission of this Hon'ble Court to withdraw the above petition and accordingly the above petition may be dismissed as withdrawn, in the interest of justice and equity." 3. Accepting the said memo and submission of the learned counsel for the petitioners, petition stands dismissed as withdrawn. SD/- (SURAJ GOVINDARAJ) JUDGE JY List No.: 2 Sl No.: 27