- 1 - HC-KAR NC: 2025:KHC:44663-DB WP No. 6312 of 2025 C/W WP No. 29149 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT PETITION NO. 6312 OF 2025 (GM-RES) C/W WRIT PETITION NO. 29149 OF 2024 (GM-RES) IN WP No. 6312/2025 BETWEEN: M/S. BRIGADE ENTERPRISES LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT 29TH & 30TH FLOORS, WORLD TRADE CENTER, BRIGADE GATEWAY CAMPUS, 26/1, DR. RAJKUMAR ROAD, MALLESHWARAM-RAJAJINAGAR, BANGALORE-560 055. REPRESENTED HEREIN BY AUTHORIZED REPRESENTATIVE MR. UDAYA KUMAR. …PETITIONER (BY SRI. CHINNAPPA.P., ADVOCATE) AND: 1. MR. K.R.CHOUDARY 5/P. LATE. SRI. KARJALA GANGI NAIDU, AGED ABOUT 59 YEARS, RESIDING AT 'SAMSKRUTI', NO.24A, Digitally signed by S NOORUNNISABEGUM Location: HIGH COURT OF KARNATAKA, BENGALURU - 2 - HC-KAR NC: 2025:KHC:44663-DB WP No. 6312 of 2025 C/W WP No. 29149 of 2024 37TH 'A' CROSS ROAD, EIGHTH BLOCK, JAYANAGAR, BANGALORE-560 008. 2. MR. S.VENUGOPAL NAIDU, 5/0. LATE. MR. S.NAGAMA NAIDU, AGED ABOUT 69 YEARS, NO.9/A, 1ST 'A' CROSS ROAD, 32ND MAIN ROAD, BHAVANI LAYOUT, BANASHANKARI 3RD STAGE, BANGALORE- 560 085. 3. MR. P.PANDURANGA RAO, S/O. MR. PUNDARIKAKSHAIAH.P., AGED ABOUT 61 YEARS, B- 0, 'KRISHNA GLADE', 1ST MAIN ROAD, SESHADRIPURAM, BANGALORE- 560 020. 4. MR. SIVA SANKARA RAO KANAKAMEDALA, S/0. LATE VENKATARAMAIAH, AGED ABOUT 63 YEARS, 4, MC BRIDEWAY, BRIDGEWATER, NJ 08807, UNITED STATES OF AMERICA. 5. MR. SANDEEP PINNAMANENI, S/O. MR. P. SAYYAJI RAO, AGED ABOUT 37 YEARS, 6. MRS. SHILPA PAMIDIMUKKALA, W/O MR. SANDEEP PINNAMANENI, AGED ABOUT 37 YEARS, BOTH RESIDING AT 1010, YORKMONT LANE, APT 614, CHARLOTTE, NC 28217. 7. MR. SRINIVAS RAVI, S/O. MR. MUKTESWARA RAO, AGED ABOUT 50 YEARS, 8. MRS. KALYANI RAVI, W/O. MR. SRINIVAS RAVI, - 3 - HC-KAR NC: 2025:KHC:44663-DB WP No. 6312 of 2025 C/W WP No. 29149 of 2024 AGED ABOUT 46 YEARS, BOTH RESIDING AT NO.8776, OVERLEA CV, CORDOVA TENNESSEE 38016, UNITED STATES OF AMERICA. 9. MR. V.S.CHANDRASHEKAR, S/O. SRI. V.S.KUMAR, NO. 46, AGED ABOUT 56 YEARS, 9TH CROSS ROAD, 28TH MAIN ROAD, FIRST PHASE, JP NAGAR, BANGALORE-560 078. …RESPONDENTS (BY SRI. S.SUBRAMANYA., ADVOCATE FOR R1 TO R9) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SETTING ASIDE THE ORDER DATED 10.10.2024 PASSED BY THE HONBLE ARBITRAL TRIBUNAL IN IA No-8 PRODUCED AT ANNEXURE-A AND CONSEQUENTLY SET ASIDE THE ORDER DATED 21.01.2025 PASSED BY THE HON’BLE ARBITRAL TRIBUNAL PRODUCED AT ANNEXURE-C AND ETC.,. IN WP NO. 29149/2024 BETWEEN: 1. MR. K.R.CHOUDARY, S/O. LATE. SRI. KARJALA GANGI NAIDU, AGED ABOUT 61 YEARS, RESIDING AT NO.989, ‘SAMSKRUTI’, 14TH CROSS, BSK 2ND STAGE, BANGALORE-560 070. - 4 - HC-KAR NC: 2025:KHC:44663-DB WP No. 6312 of 2025 C/W WP No. 29149 of 2024 2. MR. S.VENUGOPAL NAIDU S/O. LATE. MR.S.NAGAMA NAIDU, AGED ABOUT 69 YEARS, NO.9/A, 1ST ‘A’ CROSS ROAD, 32ND MAIN ROAD, BHAVANI LAYOUT, BANASHANKARI 3RD STAGE, BANGALORE-560 085. 3. MR. P. PANDURANGA RAO S/O.MR.P.PUNDARIKAKSHAIAH, AGED ABOUT 61 YEARS, B-0, ‘KRISHNA GLADE’, 1ST MAIN ROAD, SESHADRIPURAM, BANGALORE-560 020. 4. MR. SIVA SANKARA RAO KANAKAMEDALA, S/O. LATE MR. VENKATARAMAIAH, AGED ABOUT 63 YEARS, 4, MC BRIDEWAY, BRIDGEWATER, NJ 08807, UNITED STATES OF AMERICA. 5. MR. SANDEEP PINNAMANENI S/O. MR. P. SAYYAJI RAO, AGED ABOUT 37 YEARS, 6. MRS. SHILPA PAMIDIMUKKALA, W/O. MR. SANDEEP PINNAMANENI, AGED ABOUT 37 YEARS, BOTH ARE RESIDING AT NO. 1010, YORKMONT LANE, APT 614, CHARLOTTE, NC 28217. - 5 - HC-KAR NC: 2025:KHC:44663-DB WP No. 6312 of 2025 C/W WP No. 29149 of 2024 7. MR. SRINIVAS RAVI, S/O. MR. MUKTESWARA RAO, AGED ABOUT 50 YEARS, 8. MRS. KALYANI RAVI, W/O. MR. SRINIVAS RAVI, AGED ABOUT 46 YEARS, RESIDING AT NO. 8776, OVERLEA CV, CORDOVA TENNESSEE 38016, UNITED STATES OF AMERICA. PETITIONER 4-8 ARE REPRESENTED BY THEIR DULY CONSTITUTED ATTORNEY. MR. P.PANDURANGA RAO, S/O MR.P.PUNDARIKAKSHAIAH, AGED ABOUT 61 YEARS, B-0, ‘KRISHNA GLADE’, 1ST MAIN ROAD, SESHADRIPURAM, BANGALORE-560 020. 9. MR. V.S.CHANDRASHEKAR S/O. SRI. V.S.KUMAR, NO. 46, AGED ABOUT 56 YEARS, 9TH CROSS ROAD, 28TH MAIN ROAD, FIRST PHASE, JP NAGAR, BANGALORE-560 078. ...PETITIONERS (BY SRI. S.SUBRAHMANYA ., ADVOCATE) - 6 - HC-KAR NC: 2025:KHC:44663-DB WP No. 6312 of 2025 C/W WP No. 29149 of 2024 AND: M/S. BRIGADE ENTERPRISES LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT 29TH AND 30TH FLOORS, WORLD TRADE CENTER, BRIGADE GATEWAY CAMPUS, 26/1, DR. RAJKUMAR ROAD, MALLESHWARAM-RAJAJINAGAR, BANGALORE-560 055. REPRESENTED BY ITS MANAGING DIRECTOR. ...RESPONDENT (BY SRI. P.CHINNAPPA & SMT.SAHANA DEVANANTHAN., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS AND ALLOW THE ABOVE WRIT PETITION AND MODIFY THE ORDER DATED: 10.10.2024 PASSED BY THE MAJORITY DECISION OF THE HON’BLE ARBITRATION TRIBUNAL ON IA No. 8 AT ANNEXURE-A IN THE MATTER OF ARBITRATION DISPUTE BETWEEN SRI K.R.CHOUDARY AND OTHERS AND BRIGADE ENTERPRISES LTD. & ETC., THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH & HON'BLE MS. JUSTICE TARA VITASTA GANJU - 7 - HC-KAR NC: 2025:KHC:44663-DB WP No. 6312 of 2025 C/W WP No. 29149 of 2024 ORAL ORDER (PER: HON'BLE MR. JUSTICE D K SINGH) The parties have settled the dispute in these two writ petitions in terms of the Joint Memo dated 21.08.2025 filed before this court jointly by the parties. 2. The Joint Memo reads as under: “The Counsel for the parties in the above Writ Petitions most humbly submit as follows: 1. The Petitioner in WP 6312/2025 is the Respondent and the Respondents in WP 6312/2025 are the Claimants in the above mentioned Arbitration. For sake of convenience, the parties are referred to by their ranks in the Arbitration. 2. The Parties are agreeable for setting aside the Majority Order dated 10.10.2024 on I. A. No. 8 and Majority Order dated 21.01.2025 on I.A. No. 11. All contentions of the Parties are kept open. 3. Parties have also agreed that upon the Tribunal hearing final arguments on the Claims and Counterclaims and passing a final/interim Arbitral Award on all the issues, as appropriate, as per law, in the event of there being any Interim Award in favour of Claimant on Issue No. 14, Claimants will be at liberty to apply for reliefs as - 8 - HC-KAR NC: 2025:KHC:44663-DB WP No. 6312 of 2025 C/W WP No. 29149 of 2024 sought in IA No. 8 for measurements. The same is without prejudice to the Respondent's (Petitioner in WP 6312/2025) rights to challenge/question such Interim Award if passed in favour of the Claimants or any Award if passed in favour of the Claimants, as per law and to oppose the reliefs that may be sought by the Claimants. Wherefore, it is most humbly prayed that this Hon'ble Court be pleased to take this joint memo on record and dispose of the above Writ Petitions in terms of the above, by setting aside the Majority Order dated 10.10.2024 on I. A. No. 8 and Majority Order dated 21.01.2025 on I.A. No. 11, in the interest of justice and equity. “ 3. The learned Counsels for the parties submit that Joint Memo has been drafted and executed with the approval of the parties and terms have been read and approved by the parties and thereafter counsels have put their signatures on the Joint Memo. 4. Accepting the said submission, we dispose of these writ petitions in terms of the Joint Memo as extracted above. - 9 - HC-KAR NC: 2025:KHC:44663-DB WP No. 6312 of 2025 C/W WP No. 29149 of 2024 The parties are bound by the statements recorded in the Joint Memo. Sd/- (D K SINGH) JUDGE Sd/- (TARA VITASTA GANJU) JUDGE YN List No.: 1 Sl No.: 28