- 1 - HC-KAR NC: 2025:KHC:28632 MFA No. 5334 of 2018 C/W MFA No. 5335 of 2018 MFA No. 5336 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR MISCELLANEOUS FIRST APPEAL NO. 5334 OF 2018 (AA) C/W MISCELLANEOUS FIRST APPEAL NO. 5335 OF 2018 (AA) MISCELLANEOUS FIRST APPEAL NO. 5336 OF 2018 (AA) IN MFA No. 5334/2018 BETWEEN: 1. MR. B.K. SRINIVAS MURTHY, S/O P.KRISHNA MURTHY, AGED ABOUT 58 YEARS, NO.51, TD LANE, COTTONPET, BANGALORE - 560 053. 2. MRS. B.K. LALITHA, W/O D. NARAYANA SWAMY, AGED ABOUT 55 YEARS, NO.159, GEETHANJALI LAYOUT, HAL 3RD STAGE, BANGALORE - 560 075. 3. MR. B.K. PRAKASH, S/O P KRISHNA MURTHY, AGED ABOUT 50 YEARS, NO.51, TD LANE, COTTONPET, BANGALORE - 560 053. …APPELLANTS (BY SMT. NANDITA NAVADGI, ADVOCATE FOR SRI. VIVEK HOLLA, ADVOCATE) Digitally signed by ANJALI M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:28632 MFA No. 5334 of 2018 C/W MFA No. 5335 of 2018 MFA No. 5336 of 2018 AND: 1. M/S. UNISHIRE SKYSCAPES LLP., NO.31, RAILWAY PARALLEL ROAD, KUMARA PARK WEST, BANGALORE - 560 020, REPRESENTED BY ITS PARTNER, MR. PRATIK MEHTA. 2. MR. KIRTI KANTILAL MEHTA, PARTNER, MAJOR, M/S. UNISHREE SKYSCAPES LLP, NO.31, RAILWAY PARALLEL ROAD, KUMARA PARK WEST, BANGALORE - 560 020. 3. MR. PRATIK MEHTA, PARTNER, MAJOR, M/S. UNISHREE SKY SCAPES LLP., NO.31, RAILWAY PARALLEL ROAD, KUMARA PARK WEST, BANGALORE - 560 020. …RESPONDENTS (BY SRI. G.S. VENKATASUBBA RAO, ADVOCATE FOR R1; R2 AND R3 SERVED) THIS MFA IS FILED UNDER SECTION 37(1)b OF THE ARBITRATION AND CONCILIATION ACT, 1996, AGAINST THE ORDER DATED 11.06.2018, PASSED IN A.A.NO.218/2018, ON THE FILE OF THE PRINCIPAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, ISSUING NOTICE AND NOTICE OF I.A.NOS. 1 TO 3 TO THE RESPONDENT AND REFUSING TO GRANT EX-PARTE INTERIM ORDER ON I.A.NO.1/2018. IN MFA NO. 5335/2018 BETWEEN: 1. MR. B.K. SRINIVAS MURTHY, S/O P.KRISHNA MURTHY, AGED ABOUT 58 YEARS, - 3 - HC-KAR NC: 2025:KHC:28632 MFA No. 5334 of 2018 C/W MFA No. 5335 of 2018 MFA No. 5336 of 2018 NO.51, TD LANE, COTTONPET, BANGALORE - 560 053. 2. MRS. B.K. LALITHA, W/O D. NARAYANA SWAMY, AGED ABOUT 55 YEARS, NO.159, GEETHANJALI LAYOUT, HAL 3RD STAGE, BANGALORE - 560 075. 3. MR. B.K. PRAKASH, S/O P KRISHNA MURTHY, AGED ABOUT 50 YEARS, NO.51, TD LANE, COTTONPET, BANGALORE - 560 053. ...APPELLANTS (BY SMT. NANDITA NAVADGI, ADVOCATE FOR SRI. VIVEK HOLLA, ADVOCATE) AND: 1. M/S UNISHIRE SKYSCAPES LLP NO.31, RAILWAY PARALLEL ROAD, KUMARA PARK WEST, BANGALORE - 560 020, REPRESENTED BY ITS PARTNERM, MR. PRATIK MEHTA. 2. MR. KIRTI KANTILAL MEHTA PARTNER, MAJOR, M/S UNISHREE SKY SCAPES LLP, NO.31, RAILWAY PARALLEL ROAD, KUMARA PARK WEST, BANGALORE - 560 020. - 4 - HC-KAR NC: 2025:KHC:28632 MFA No. 5334 of 2018 C/W MFA No. 5335 of 2018 MFA No. 5336 of 2018 3. MR PRATIK MEHTA, PARTNER, MAJOR, M/S UNISHREE SKY SCAPES LLP NO.31, RAILWAY PARALLEL ROAD, KUMARA PARK WEST, BANGALORE - 560 020 ...RESPONDENTS (R1 TO R3 ARE SERVED AND UNREPRESENTED) THIS MFA IS FILED U/S 37(1)(b) OF THE ARBITRATION & CONCILIATION ACT, 1996, AGAINST THE ORDER DATED 11.06.2018, PASSED IN AA. NO.218/2018, ON THE FILE OF THE PRINCIPAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, ISSUE NOTICE AND NOTICE OF IA.NOS.1 TO 3 TO THE RESPONDENTS AND REFUSING TO GRANT EX-PARTE INTERIM ORDER/INJUNCTION ON IA.NO.3/2018. IN MFA NO. 5336/2018 BETWEEN: 1. MR. B.K. SRINIVAS MURTHY, S/O P KRISHNA MURTHY, AGED ABOUT 58 YEARS, NO.51, TD LANE, COTTONPET, BANGALORE - 560 053. 2. MRS. B.K. LALITHA, W/O D. NARAYANA SWAMY, AGED ABOUT 55 YEARS, NO.159, GEETHANJALI LAYOUT, HAL 3RD STAGE, BANGALORE - 560 075. - 5 - HC-KAR NC: 2025:KHC:28632 MFA No. 5334 of 2018 C/W MFA No. 5335 of 2018 MFA No. 5336 of 2018 3. MR. B.K. PRAKASH, S/O P KRISHNA MURTHY, AGED ABOUT 50 YEARS, NO.51, TD LANE, COTTONPET, BANGALORE - 560 053. ...APPELLANTS (BY SMT. NANDITA NAVADGI, ADVOCATE FOR SRI. VIVEK HOLLA, ADVOCATE) AND: 1. M/S UNISHIRE SKYSCAPES LLP NO.31, RAILWAY PARALLEL ROAD, KUMARA PARK WEST, BANGALORE - 560 020, REPRESENTED BY ITS PARTNER, MR. PRATIK MEHTA. 2. MR. KIRTI KANTILAL MEHTA PARTNER, MAJOR, M/S UNISHREE SKY SCAPES LLP, NO.31, RAILWAY PARALLEL ROAD, KUMARA PARK WEST, BANGALORE - 560 020. 3. MR PRATIK MEHTA, PARTNER, MAJOR, M/S UNISHREE SKY SCAPES LLP NO.31, RAILWAY PARALLEL ROAD, KUMARA PARK WEST, BANGALORE - 560 020 ...RESPONDENTS (R1 TO R3 ARE SERVED AND UNREPRESENTED) - 6 - HC-KAR NC: 2025:KHC:28632 MFA No. 5334 of 2018 C/W MFA No. 5335 of 2018 MFA No. 5336 of 2018 THIS MFA IS FILED UNDER SECTION 37(1)b OF THE ARBITRATION AND CONCILIATION ACT, 1996, AGAINST THE ORDER DATED 11.06.2018, PASSED IN A.A.NO.218/2018, ON THE FILE OF THE PRINCIPAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, ISSUING NOTICE AND NOTICE OF I.A.NOS. 1 TO 3 TO THE RESPONDENT AND REFUSING TO GRANT EX-PARTE INTERIM ORDER O N I.A.NO.2/2018. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR ORAL JUDGMENT Both the counsels are present. 2. Learned counsel for the appellants submits that the appellants intend to file application before the appropriate Forum and submits that these appeals may be dismissed as not pressed. 3. Learned counsel for respondent No.1 submits that the appellants' challenge the order of Commercial Court, then the matter has to be challenged before the Division Bench of this Court. - 7 - HC-KAR NC: 2025:KHC:28632 MFA No. 5334 of 2018 C/W MFA No. 5335 of 2018 MFA No. 5336 of 2018 4. In view of the fair submission of the learned counsel for the appellants, these appeals are dismissed as withdrawn, with a liberty to approach the proper Forum. Sd/- (RAMACHANDRA D. HUDDAR) JUDGE PK List No.: 1 Sl No.: 28 CT: BHK