- 1 - HC-KAR NC: 2025:KHC:49657 CMP No. 570 of 2022 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. 570 OF 2022 BETWEEN: 1. CATERPILLAR FINANCIAL SERVICES INDIA PRIVATE LIMITED A COMPANY INCORPORATED AND REGISTERED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT 6TH FLOOR, TOWER 'B' PRESTIGE SHANTINIKETAN THE BUSINESS PRECINCT, WHITEFIELD MAIN ROAD, BENGALURU KARNATAKA - 560 048 …PETITIONER (BY SRI. THAKUR RISHABHA RAJ.,ADVOCATE) AND: 1. SKYLON PROJECTS (INDIA) PVT LIMITED FIRST FLOOR, FLAT NO. 12, VISHWANTAH PLAZA JAI BALAJI SOCIETY, COLLEGE-TRAMBAK LINK ROAD, MAHATMA NAGAR, NASIK MAHARASHTRA - 422 007 2. BHAL CHANDRA M KAKULATE S/O MURLIDHAR KAKULTE Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49657 CMP No. 570 of 2022 NEAR KALBHAIRAV MANDIR MU POST KIKVARI KHURD, NASHIK MAHARASHTRA 3. PRAVEEN KUMAR A PATEL S/O AMRUTLAL 209, GUJARAT HOUSING BOARD SECTOR -30 GANDHINAGAR, GUJARAT - 382 030 …RESPONDENTS THE ADVOCATE FOR THE PETITIONER HAS FILED THE ABOVE CIVIL MISC. PETITION UNDER SEC.11(6-A) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING THAT THIS HONBLE COURT MAY BE PLEASED TO I. APPOINT A SOLE ARBITRATOR TO RESOLVE THE DISPUTES AND DIFFERENCES AMONGST THE PARTIES IN TERMS OF CLAUSE 21 OF THE LOAN AND SECURITY AGREEMENT DATED 29/08/2020 VIDE ANNEXURE-B EXECUTED BETWEEN THE PETITIONER AND THE RESPONDENTS AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ - 3 - HC-KAR NC: 2025:KHC:49657 CMP No. 570 of 2022 ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs; "(a) Appoint a sole arbitrator to resolve the disputes and differences amongst the parties in terms of Clause 21 of the Loan & Security Agreement dated 29.08.2020 vide Annexure-B executed between the petitioner and the respondents. (b) Grant such other order/s that this Hon'ble Court may deem fit on the facts and in the circumstances of the case, in the interest of justice and equity." 2. Memo dated 28.11.2025 has been filed signed by the learned for the petitioners, which reads as under: "That the petitioner hereby withdraws the above petition with a liberty to file the claim with a direct reference to Arbitration and Conciliation Center, Bangalore. Thus, it is just and necessary to withdraw the present petition with a liberty to file direct claim, 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 CT-SG, List No.: 3 Sl No.: 48