- 1 - HC-KAR NC: 2025: KHC:51545 CMP No. 151 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF DECEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CIVIL MISC. PETITION NO. 151 OF 2025 BETWEEN: M/S. MECHTRONIX A PROPRIETORSHIP CONCERN HAVING ITS OFFICE AT NO.47 8TH MAIN, J.C INDUSTRIAL ESTATE KANAKAPURA ROAD BANGALORE 560 062 YELECHENAHALLI REP. BY ITS PROPRIETOR MR. NANDAKISHORE E NANDAKISHORE@MECHTRONIX.CO.IN …PETITIONER (BY SRI. KASHYAP N NAIK., ADVOCATE) AND: ATC TELECOM INFRASTRUCTURE PRIVATE LIMITED FORMERLY KNOWN AS WIRELESS TT INFO SERVIES LIMITED, NO.404, 4TH FLOOR, SKYLINE ICON ANDHERI EAST, MUMBAI, MAHARASHTRA - 400 059 ALSO AT HM TOWER, 1ST FLOOR, MAGRATH ROAD JUNCTION, BRIGADE ROAD, ASHOK NAGAR BANGALORE 560 025 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025: KHC:51545 CMP No. 151 of 2025 …RESPONDENT (BY SRI. RICAB CHAND K., ADVOCATE; SRI.GOVINDA J.L., ADVOCATE) THIS CIVIL MISCELLANEOUS PETITION FILED UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1966 PRAYING TO APPOINT HONBLE MR.S.R. SOMASEKARA, RTD. DISTRICT JUDGE OR ANY OTHER PERSON THAT THIS HONBLE COURT MAY DEEM FIT, AS THE SOLE ARBITRATOR TO ADJUDICATE THE DISPUTES THAT HAVE ARISEN BETWEEN THE PARTIES IN TERMS OF CLAUSE 15 OF THE LEAVE AND LICENSE AGREEMENT DATED 16.05.2008 (ANNEXURE A ) HEREIN. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The Petitioner is before this Court seeking for the following releifs: i. Appoint Hon’ble Mr.S.R.Somasekara, Retd., District Judge or any other person that this Hon’ble Court may deem fit, as the Sole Arbitrator to adjudicate the disputes that have arisen between the parties in terms of Clause 15 of the Leave and License Agreement dated 16.05.2008 (Annexure A) herein; and ii. Grant such other relief/s that this Hon’ble Court deems fit in the interests of justice and equity. - 3 - HC-KAR NC: 2025: KHC:51545 CMP No. 151 of 2025 2. A Joint Memo signed by both the parties along with their respective counsel has been filed which reads as under: “JOINT MEMO FILED BY THE PETITIONER AND THE RESPONDENT The Petitioner and the Respondent above-named most respectfully submit as follows: 1. It is submitted that the Petitioner, M/s Mechtronix, has preferred the above mentioned Civil Miscellaneous Petition seeking the appointment of an Arbitrator to adjudicate the disputes that have arisen between the Petitioner and the Respondent, ATC Telecom Infrastructure Private Limited, under the Leave and License Agreement dated 16.05.2008 ("Agreement"). 2. It is submitted that by virtue of the Agreement, the Petitioner, being the sole and absolute proprietor of property bearing No. 47, CMC No. 710/47, BBMP No. 904/47, situated at 8th Main Road, J.C. Industrial Area, Bikasipura Road, Yelechanahalli, Bangalore 560 062, conferred upon the Respondent, as licensee, the exclusive right and authority to use and occupy the terrace area of the aforementioned premises measuring approximately 600 square feet (the "Licensed Premises") for installation and maintenance of a mobile tower and allied apparatus, - 4 - HC-KAR NC: 2025: KHC:51545 CMP No. 151 of 2025 for a fixed term of fifteen years culminating on 16.05.2023. 3. However, disputes had arisen between the parties primarily on account of alleged defaults by the Respondent in payment of rentals due to Bank mergers and its occupation of the Licensed Premises after expiry of the Agreement on 16.05.2023, as well as issues relating to structural damage and maintenance of the Licensed Premises. As all attempts to amicably resolve the inter se disputes between the party by way of negotiation failed, the Petitioner issued a Legal Notice dated 05.02.2024 and, thereafter, an Arbitration Notice dated 10.01.2025 invoking Clause 15 of the Agreement. As the parties were unable to agree upon the nomination of an arbitrator, the present Civil Miscellaneous Petition has been preferred. 4. Considering that the tenure of the lease had expired, the Petitioner requested an increase in rent if the Respondent wanted to continue in occupation of the Premises. Due to non-availability of internal approval for the increased rental, the matter could not be taken forward for closure. 5. It is submitted that during the pendency of the aforementioned Civil Miscellaneous Petition, the parties have, through discussions and mutual understanding, amicably resolved all inter se disputes arising out of or in connection with the - 5 - HC-KAR NC: 2025: KHC:51545 CMP No. 151 of 2025 Agreement and the Licensed Premises, with a view to avoid further litigation and to bring a quietus to the entire dispute. 6. Thus, in furtherance of the said amicable settlement, and in continuation of the understandings reached between the parties, the Respondent has agreed to settle the matter for a sum of, of Rs. 7,16,000/- (Rupees Seven Lakh Sixteen Thousand Only) 7. The Petitioner has a security deposit amount of Rs. 66,000/-(Rupees Sixty-Six Thousand) which him, the said amount of Rs. 66,000/- would be deducted and adjusted from the sum of Rs. 7,16,000/- and the balance sum of Rs. 6,50,000/- less applicable TDS will be paid to the Petitioner within 45 days from the date of signing of this Memo. The Petitioner, M/s Mechtronix, hereby confirms that on receipt of the said sum of Rs. 6,50,000/- less TDS from the Respondent by RTGS/NEFT/ Demand Draft all its claims would stand settled against the Respondent in respect of the subject-matter of the present proceedings and the Agreement provided the said amount is paid within 45 days from the date of signing of this Memo. 8. It is further agreed and recorded that the Respondent, ELEVAR DIGITEL INFRASTRUCTURE PRIVATE LIMITED, shall, at its own cost remove its tower, antennae, shelter, DG set and all other allied equipments installed on or in the Licensed Premises, - 6 - HC-KAR NC: 2025: KHC:51545 CMP No. 151 of 2025 and hand back vacant and peaceful possession of the Licensed Premises to the Petitioner, within a period of 15 days from the date of this Joint Memo. 9. It is further agreed that if the Respondent fails to pay the amount of Rs. 6,50,000/- less TDS within 45 days from the date of signing of this Joint memo, the Petitioner will be at liberty to re-initiate the arbitration for the entire claim it is entitled to and the Respondent will not have any further for re- initiate the proceedings. 10. It is submitted that the parties agree that subject to and upon: i. The Petitioner's confirmation of the receipt of the aforesaid sum of Rs. 6,50,000/- less TDS by way of RTGS/NEFT/Demand Draft in 45 working days from the date of signing joint Memo., and; ii. The removal of the Respondent's equipment from the Licensed Premises at the Respondent's own cost and delivery of vacant possession thereof to the Petitioner as stated herein, the Petitioner, M/s Mechtronix, shall have no further or subsisting claim, demand or grievance of any nature whatsoever against the Respondent, arising out of or in connection with the Agreement, the Licensed Premises, or the subject-matter of the aforementioned civil miscellaneous petition, and hereby irrevocably releases and forever discharges - 7 - HC-KAR NC: 2025: KHC:51545 CMP No. 151 of 2025 the Respondent from all such claims, demands and causes of action. 11. It is submitted that the parties state that this settlement has been arrived at voluntarily, of their own free will, without any coercion, undue influence or misrepresentation, and with full understanding of the legal consequences thereof under the Arbitration and Conciliation Act, 1996 and other applicable laws. 12. In view of the above settlement, the Petitioner and the Respondent jointly consent that the above mentioned civil miscellaneous petition may be disposed of as having been settled. WHEREFORE, it is most respectfully prayed that this Commission may be pleased to take this memo on record and dispose of the above case as settled, in the interests of justice.” 3. Accepting the said Joint Memo, the petition stands disposed. SD/- (SURAJ GOVINDARAJ) JUDGE KTY/List No.: 1 Sl No.: 57