- 1 - HC-KAR NC: 2025:KHC:48021 WP No. 28831 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.28831 OF 2025 (GM-RES) BETWEEN: 1. SRI. O. N. RAMESH BABU, S/O. LATE O.V. NARASIMA SHETTY, AGED ABOUT 72 YEARS, R/AT: NO.29, 1ST MAIN, TATA SILK FIRM, BASAVANAGUDI, BENGALURU - 560 004. 2. SMT.NAGALAKSHMI R. OLETY W/O. O.N. RAMESH BABU, AGED ABOUT 64 YEARS, R/AT NO. 29, 1ST MAIN, TATA SILK FIRM, BASAVANAGUDI, BENGALURU - 560 004. 3. SRI.O.N. VENKATARAMAN @ O.N.V. RAMAN, S/O. LATE O.V. NARASIMA SHETTY, AGED ABOUT 64 YEARS, R/AT FLAT NO.2, GROUND FLOOR, 7TH CROSS, N.R. COLONY, BENGALURU - 560 019. 4. SMT. VARUNA OLETY, W/O. O.N.VENKATRAMAN @ O.N.V. RAMAN, AGED ABOUT 61 YEARS, R/AT FLAT NO.2, GROUND FLOOR, 7TH CROSS, N.R. COLONY, BENGALURU - 560 019. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48021 WP No. 28831 of 2025 5. SMT MEERA BAI, D/O.LATE O.V.NARASIMHA SHETTY, AGED ABOUT 69 YEARS, R/AT FLAT NO.2, GROUND FLOOR, 7TH CROSS, N.R. COLONY, BENGALURU - 560 019. 6. SMT. INDRANI.O.N., D/O. LATE O.V. NARASIMHA SHETTY, AGED ABOUT 73 YEARS, R/AT NO. FLAT NO.2, GROUND FLOOR, 7TH CROSS, N.R. COLONY, BENGALURU - 560 019. 7. SRI.O.N.VENKATAKRISHNAN, @ O.N.V. KRISHNAN, S/O. LATE O.V.NARASIMHA SHETTY, AGED ABOUT 64 YEARS, R/AT FLAT NO.2, GROUND FLOOR, 7TH CROSS, N.R. COLONY, BENGALURU 560 019. 8. SMT. VIJAYA NAGARAJ W/O. N.K. NAGARAJ. D/O.LATE O.V.NARASIMHA SHETTY, AGED ABOUT 75 YEARS, R/AT NO.43, SRINIVASA NILAYA, 5TH CROSS, 5TH MAIN, GANDHI NAGARA, BENGALURU - 560 009. …PETITIONERS (BY SRI. SHASHIDHAR S.KARAMADI, ADVOCATE) AND: M/S. SURAJ HOMES (P) LTD., A COMPANY HAVING ITS OFFICE AT: SURAJ GANGA ARCADE', 3RD FLOOR, NO.332/7, 14TH CROSS, II BLOCK, - 3 - HC-KAR NC: 2025:KHC:48021 WP No. 28831 of 2025 JAYANAGAR, BENGALURU - 560 011. REP. BY ITS DIRECTOR REGISTERED UNDER COMPANIES ACT. …RESPONDENT (BY SRI. LOMESH KIRAN N., ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE HONBEL ARBITRATION TRIBUNAL BENGALURU TO DISPOSE OF THE APPLICATION DTD 02.07.2025 FILED BY THE PETITIONER UNDER SECTION 43(1) OF THE ARBITRATION AND CONCILIATION ACT 1996 REGARDING MAINTAINABILITY OF THE ARBITRATION PROCESS IN ARBITRATION CASE NO. 4/2025 VIDE ANNEXURE-B. THIS PETITION, COMING ON FOR PRELIMINARY HEARING B-GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioners are before this Court seeking for the following reliefs: "WHEREFORE, the petitioner most humbly pray that this Hon'ble Court may kindly be pleased to:- a) Issue a writ order or direction in the nature of mandamus, directing the Hon'ble Arbitratin Tribunal, Bengaluru, to dispose of the application dated 02.07.2025 filed by the petitioners under Sectin43(1) of the Arbitration and Conciliation Act, 1996, regarding maintainability of the Arbitration Process in Arbitration Case No.4/2025, vide Annexure-B; b) Pass such other order or orders as this Hon'ble Court deems fit in the facts and circumstances of the case, in the interest of justice and equity." - 4 - HC-KAR NC: 2025:KHC:48021 WP No. 28831 of 2025 2. Memo dated 20.11.2025 has been filed by the learned counsel for the petitioners, which reads as under: "The advocate for the petitioners submits that the petitioners had sought for only a direction to dispose the I.A. filed before the Hon'ble Sole Arbitrator, the said application was disposed on 30.10.2025. In view of this the above petition as rendered infructuous. Wherefore, this Hon'ble Court be pleased to dispose of the said petition as the same rendered infructuous in the interest of justice." 3. Accepting the said memo and submission of the learned counsel for the petitioners, petition stands dismissed as infructuous.. SD/- (SURAJ GOVINDARAJ) JUDGE AP List No.: 1 Sl No.: 69