- 1 - HC-KAR NC: 2025:KHC:42140 CMP No. 77 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24THDAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CIVIL MISC. PETITION NO. 77 OF 2025 BETWEEN: MRS SURYA B PETHI D/O LATE T.R. BALASUBRAMANI AGED ABOUT 36 YEARS, AT NO. 209, 2NDMAIN ROAD, BEHIND CANARA BANK, MAHALAKSHMI LAYOUT, BENGALURU 560086 ALSO RESIDING AT NO.100 ANNANDALE DR CARY NC UNITED STATES OF AMERICA-27511 REPRESENTED BY HER GPA MRS. TIRUPUR RAMASWAMY KOUSALYA BALASUBRAMANI, WIFE OF LATE MR. T R BALASUBRAMANI AGED ABOUT 80 YEARS, PRESENTLY RESIDING AT NO 25/1, RENAISSANCE TEMPLE BELLS 304 D BLOCK, YESWANTHPURA, OPP ISKCON, BANGALORE NORTH, BENGALURU, KARNATAKA 560022 …PETITIONER (BY SRI. SAMARTH SHREEDHAR.,ADVOCATE) AND: ASHIMARA HOUSING PRIVATE LIMITED REPRESENTED BY ITS DULY AUTHORISED SIGNATORY MR. MOHAMMED SHOAIB ULLA KHAN, AREA MANAGER BUSINESS DEVELOPMENT Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42140 CMP No. 77 of 2025 BEARING CIN U70200DL2016PTC300960 AT 221, FIRST FLOOR, OKHLA INDUSTRIAL AREA, PHASE-III, NEW DELHI, 110020 COMPANY INCORPORATED UNDER COMPANIES ACT 2013 …RESPONDENT (BY SRI. NISHAN GK.,ADVOCATE) THIS CMP IS FILED UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO APPOINT RETD DISTRICT COURT JUDGE, MR. ASWATHA NARAYANA, OR SUCH OTHER ARBITRATOR AS THIS HON’BLE COURT MAY DEEM FIT, AS THE SOLE ARBITRATOR AND REFER THE DISPUTES RAISED BY THE PETITIONER UNDER LEASE AGREEMENT DATED 15.07.2022 FOR ADJUDICATION; THE ARBITRATION CLAUSE IS MENTIONED IN CLAUSE 11.3.1 IN ANNEXURE-B AND ETC. THIS CMP, COMING ON FOR ORDRS, 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 reliefs; a. “Appoint Retd District Court Judge, Mr. Aswatha Narayana, or such other Arbitrator as this Hon’ble Court may deem fit, as the Sole Arbitrator and refer the disputes raised by the petitioner under Lease Agreement dated 15.07.2022 for adjudication; the Arbitration clause is mentioned in Clause 11.3.1 in Annexure-B b. Award costs of the proceedings and c. Pass such other or further orders as this Hon’ble Court deems fit and necessary given the facts and - 3 - HC-KAR NC: 2025:KHC:42140 CMP No. 77 of 2025 circumstances of the case, in the interests of justice and equity”. 2. 2. After arguing for sometime, learned counsel for the petitioner seeks permission to withdraw the above petition with liberty to issue fresh notice and approach this Court, if necessary. 3. Reserving such liberty, the petition stands disposed. 4. In view of dismissal of the main petition, pending applications, if any, do not survive for consideration. Hence, the same are disposed. SD/- (SURAJ GOVINDARAJ) JUDGE KTY List No.: 1 Sl No.: 66