- 1 - HC-KAR NC: 2026:KHC:7355 CMP No. 427 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI CIVIL MISC. PETITION NO. 427 OF 2021 BETWEEN: 1. PEREGRINE GUARDING PRIVATE LIMITED, HAVING ITS OFFICE AT PLOT NO.13, SECTOR-18, ELECTRONIC CITY, GURGOAN, HARYANA-122 015. AND HAVING ITS PLACE OF BUSINESS AT No.110, 27TH MAIN, HSR LAYOUT, SECTOR-2, BANGALORE – 560 016. REPRESENTED BY ITS AUTHORIZED SIGNATORY MR.ZAFAR NAWAZ KHAN S/O LATE MR. ABDUL RAHIM KHAN AGED ABOUT 57 YEARS. …PETITIONER (BY SRI. SATHYANARAYANA REDDY(NOC).,ADVOCATE) Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:7355 CMP No. 427 of 2021 AND: 1. NITESH ESTATES LIMITED, HAVING ITS REGISTERED OFFICE AT: No.8 NITESH TIMESQUARE, 7TH FLOOR, M.G. ROAD, BENGALURU-560 001. …RESPONDENT (BY SMT. LATHA S SHETTY.,ADVOCATE) THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(6) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING THIS HONBLE COURT TO 1) APPOINT A SOLE ARBITRATOR FOR ADJUDICATION / RESOLUTION OF THE DISPUTES THAT HAS ARISEN BETWEEN THE PETITIONERS AND RESPONDENTS IN TERMS OF CLAUSE X OF SECURITY SERVICES AGREEMENT DATED 01/05/2018 PRODUCED AND MARKED AS ANNEXURE-B ENTERED INTO BETWEEN THE PETITIONER AND RESPONDENT FOR RECOVERY OF THE AMOUNT,2) AWARD COST OF THE PETITION, AND ETC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI - 3 - HC-KAR NC: 2026:KHC:7355 CMP No. 427 of 2021 ORAL ORDER On 23.08.2023, this matter was referred to mediation and the parties were directed to appear before the Bangalore Mediation Centre on 04.09.2023. 2. The Director, Karnataka Mediation Centre returned the file along with the memorandum of settlement under Section 89 of the Code of Civil Procedure, 1908 read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005. The parties have signed the memorandum of settlement. The contents of the memorandum of settlement are as follows: “MEMORANDUM OF SETTLEMENT UNDER SECTION 89 OF THE CODE OF CIVIL PROCEDURE, 1908 READ WITH RULES 24 AND 25 OF THE KARNATAKA CIVIL PROCEDURE (MEDIATION) RULES, 2005 I. The Petitioner filed the above petition for appointment of a sole Arbitrator for referring the dispute arose between the petitioner and the Respondent; under the agreement, dated 01.05.2018 as there was no consensus between the parties in appointing an Arbitrator. The dispute proposed to be referred, to Arbitration is in respect of the claims, regarding the outstanding Bills/Tax invoices, dated 03.08.2018, - 4 - HC-KAR NC: 2026:KHC:7355 CMP No. 427 of 2021 03.08.2018 and 03.08.2018, issued to the Respondents for the Security Services rendered by them to the Respondents in their various properties/Sites. The total amount due to be payable by the Respondent to the Petitioner is Rs.1,96,066/- and interest at the rate of 24% p.a., from the date of due till payment/realization of the said amount. That the Respondents stated to have denied the said claims of the Petitioner. The Petitioner state that under Clause X (c), of the Agreement provided for referring the disputes between the parties to Arbitration. Since, there was no consensus in appointing a sole Arbitrator, by the parties, in-spite of the Petitioner's Invocation and a legal notice dated 02.09.2020. Therefore, the Petitioner stated to have filed the above petition, under Section 11 of the Arbitration and Conciliation Act, for appointment of an Arbitrator, by this Hon'ble Court, for referring the above disputes between the parties, for resolution. The Petitioner stated to have filed another Petition in C.M.P.No.428/2021, for appointment of a sole Arbitrator for referring the dispute arose between the petitioner and the sister concern of the Respondent herein namely NEL Holdings Ltd. The said Petition stated to have allowed by this Hon'ble Court and the said dispute was referred to an Arbitrator and an Arbitration proceedings in.A.C.No.375/2025, was initiated and pending consideration before the Arbitrator. The said - 5 - HC-KAR NC: 2026:KHC:7355 CMP No. 427 of 2021 dispute was regarding the claims in respect of the outstanding Bills/Tax invoices, dated 13.07.2019 and 03.08.2019, issued to the Respondents for the Security Services rendered to them in various properties/Sites. In the said dispute the total amount due to be payable by the Respondent to the Petitioner is Rs.1,74,002/- and interest at the rate of 24% p.a., from the date of due till payment/realization of the said amount. Similarly, the Petitioner stated to have filed another Petition in C.M.P.No.49/2021, for appointment of a sole Arbitrator for referring the dispute arose between the petitioner and the other sister concern of the Respondent herein namely Lucito Manpower Pvt. Ltd. The said Petition stated to have allowed by this Hon'ble Court and the said dispute, also been referred to an Arbitrator but the Arbitration process/case, is not yet initiated in respect of the said dispute. The said dispute was regarding the claims in respect of the outstanding Bills/Tax invoices, dated 02.06.2017, 30.06.2017, 02.08.2017, 02.09.2017 and 05.01.2016 issued to the Respondents for the Security Services rendered to them in various properties/Sites. In the said dispute the total amount due to be payable by the Respondent to the Petitioner is Rs.4,93,446/- and interest at the rate of 24% р.а., from the date of due till payment/realization of the said amount. - 6 - HC-KAR NC: 2026:KHC:7355 CMP No. 427 of 2021 The Respondent confirms that the name of the Company has been changed to NEL Holdings South Limited and then to Satchmo holdings Limited with effect December 2022 and an order regarding the change of the name passed by the ROC is enclosed to this agreement. The above petition C.M.P.No.427/2021 is, referred to mediation and in the course of mediation; the parties hereto represented by their authorized person (letter of authority enclosed) were present along with their Advocates have without referring to any of their pleadings, agreed and resolved all their disputes herein above referred, including the disputes, in connection with the sisters concerns of the Respondent, by agreeing to the following terms and conditions; 1. That the Respondent hereby agrees to pay a total sum of Rs.1,00,000/- (Rupees One Lakh Only) to the Petitioner in full and final settlement of the entire claims made by them in connection with the above dispute. The Petitioner has agreed to accept the said sum of Rs.1,00,000/- (Rupees One Lakh Only) from the Respondent, in full and final settlement of the entire outstanding Bill/Invoice amount of Rs.1,96,066/-, due payable by the Respondents, under the invoices dated 03.08.2018, 03.08.2018 and 03.08.2018. 2. The Respondent has agreed to pay the aforesaid amount Rs.1,00,000/- (Rupees One Lakh Only) to the - 7 - HC-KAR NC: 2026:KHC:7355 CMP No. 427 of 2021 Petitioner by way of a demand Draft bearing No.963884 dated 08.01.2026 drawn on Kotak Mahindra Bank, M.G.Road Branch, Bengaluru and the said demand draft is agreed to be handed over to the petitioner at the time of reporting settlement before this Hon'ble court. 3. That Petitioner hereby agreed and confirms that on receipt of the entire sum of Rs.1,00,000/- (Rupees One Lakh Only), from the Respondent in full and final settlement of the entire claims made by them towards the outstanding bills/ invoice's, they have no other claims of whatsoever nature against the Respondent in connection with the above petition all their claims have been fully settled. He further confirms that on receipt of the said agreed amount he has no objection for disposal of the above petition filed for appointment of an Arbitrator, as the disputes stands resolved, in terms of this agreement. 4. That the Respondent hereby agrees to pay another sum of Rs.1,00,000/- (Rupees One Lakh Only) to the Petitioner in full and final settlement of the entire claims made by them in connection with the other dispute i.e., A.C.No.375/2025 initiated in pursuance of the order passed in CMP.No.428/2021 filed by the Petitioner against NEL Holdings Ltd., a sister concern of the Respondent. The Petitioner has agreed to accept the said sum of Rs.1,00,000/- (Rupees One Lakh Only) from the Respondent, in full and final settlement of the entire - 8 - HC-KAR NC: 2026:KHC:7355 CMP No. 427 of 2021 outstanding Bill/Invoice amount of Rs.1,74,002/-, due to be payable by the NEL Holdings Ltd., the sister concern of Respondent, alleged to be due under the invoices dated 13.07.2019 and 03.08.2019. The Respondent has agreed to pay the aforesaid amount Rs.1,00,000/-(Rupees One Lakh Only) to the Petitioner by way of a demand Draft bearing No.963885 dated 08.01.2026 drawn on Kotak Mahindra Bank, M.G.Road Branch, Bengaluru and the said demand draft is agreed to be handed over to the petitioner at the time of reporting this settlement before this Hon'ble court. 5. That the Respondent hereby agrees to pay another sum of Rs.1,50,000/- (Rupees One Lakh Fifty Thousand Only) to the Petitioner in full and final settlement of the entire claims made by them in connection with another dispute CMP.No.49/2021 filed by the petitioner against the against Lucito Manpower Pvt. Ltd., another sister concern of the Respondent. The Petitioner has agreed to accept the said sum of Rs.1,50,000/- (Rupees One Lakh Fifty Thousand Only) from the Respondent, in full and final settlement of the entire outstanding Bill/Invoice amount of Rs.4,93,446/-, due payable by the Lucito Manpower Pvt. Ltd., another sister concern of Respondent, due to be payable under the invoices dated 02.06.2017, 30.06.2017, 02.08.2017, 02.09.2017 and 05.01.2016. The Respondent has agreed to pay the aforesaid amount Rs. 1,50,000/- (Rupees One Lakh Fifty - 9 - HC-KAR NC: 2026:KHC:7355 CMP No. 427 of 2021 Thousand Only), to the Petitioner by way of a demand Draft bearing No.963886 and 963946 dated 08.01.2026 and 27.01.2026 drawn on Kotak Mahindra Bank, M.G.Road Branch, Bengaluru and the said demand draft is agreed to be handed over to the petitioner at the time reporting this settlement before this Hon'ble court. 6. That the Petitioner hereby further confirm that in view of the receipt of the payments from the Respondent, in respect of the other two disputes filed against the sister concerns of the Respondent i.e., i) a sum of Rs.1,00,000/- (Rupees One Lakh Only) in connection with the dispute A.C.No.375/2021 initiated upon the order passed in CMP.No.428/2021, filed against NEL Holdings Ltd., And ii) a sum of Rs.1,50,000/- (Rupees One Lakh Fifty Thousand Only) in connection with the disputeCMP.No.49/2021, filed against Lucito Manpower Pvt. Ltd., towards full and final settlement of the outstanding amounts due to be payable by them, hereby agree and undertake to take necessary steps, to close the said Arbitration disputes before the concerned Authorities, unconditionally. 7. 7. Both the parties hereby confirm that they have gone through the agreement and understood the terms and signed this agreement on their free will and volition and there is absolutely no force or coercion from anybody. - 10 - HC-KAR NC: 2026:KHC:7355 CMP No. 427 of 2021 II. In view of the aforesaid agreement entered into between the parties hereto and the Petitioner, reporting the receipt of the Demand Drafts, i.e., a demand draft for a sum of Rs.1,00,000/- (Rupees One Lakh Only) in connection with the above petition, ii) a demand draft for a sum of Rs.1,00,000/- (Rupees One Lakh Only) in connection with pursuant (initiated the petition A.C.No.375/2025 upon CMP.No.428/2021) and iii) another demand draft for a sum of Rs.1,50,000/- (Rupees One Lakh Fifty Thousand Only), in connection with the another petition CMP. No.49/2021, from the Respondent, towards full and final settlement of all the outstanding amounts due from them, the parties pray that this Hon'ble Court may be pleased to, dispose of the above petition, in terms of the afore-said settlement. III. Parties will appear before the Hon'ble court on the next date of hearing for reporting this agreement and to pass orders in terms of the aforesaid agreement.” 3. The Authorised Representative of the respondent-Company is present before the Court. The memorandum of settlement dated 28.01.2026 is taken on record. - 11 - HC-KAR NC: 2026:KHC:7355 CMP No. 427 of 2021 4. In view of the settlement between the parties, the civil miscellaneous petition is disposed of as having rendered infructuous. 5. In view of disposal of the petition, pending application(s), if any, shall stand disposed of. Sd/- (ASHOK S.KINAGI) JUDGE PA List No.: 2 Sl No.: 25