- 1 - HC-KAR NC: 2026:KHC:7777-DB COMAP No. 45 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA COMMERCIAL APPEAL NO. 45 OF 2026 BETWEEN: DAYANAND MASUR S/O BASAVARAJ MASUR, AGED ABOUT 57 YEARS, OCC: PWD CLASS-1 CONTRACTOR, R/O C.B. GUTTAL COMPLEX, U.B. HILLS, DHARWAD-580007. …APPELLANT (BY SRI. PRATHEEK H.S, ADVOCATE FOR SRI. CHETAN JADHAV, ADVOCATE) AND: 1. KARNATAKA UNIVERSITY DR. D.C.PAWATE NAGAR, DHARWAD-580007, REPRESENTED BY ITS REGISTRAR. 2. THE RESIDENT ENGINEER, DR. D.C.PAWATE NAGAR, DHARWAD-580007. 3. B.N.CHANDRASHEKARAIAH, RETIRED ENGINEER-IN-CHIEF OF KPWD, SOLE ARBITRATOR, NO.651, 12TH CROSS, 5TH MAIN, M.C.LAYOUT, VIJAYANAGAR, BENGALURU-560040. …RESPONDENTS Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:7777-DB COMAP No. 45 of 2026 THIS COMAP IS FILED UNDER SECTION 13(1-A) OF COMMERCIAL COURTS ACT, 2015 R/W SECTION 37 OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO ALLOW THIS APPEAL SET ASIDE THE ORDER DATED 29.11.2025 PASSED BY THE LEARNED LXXXVIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, COMMERCIAL COURT, BANGALORE IN COM.A.S NO.192/2018 THEREBY ALLOWING THE PETITION FILED BY THE RESPONDENTS U/S 34 OF THE ARBITRATION AND CONCILIATION ACT, 1996 BY SETTING ASIDE THE AWARD DATED 14.05.2018 IN ARBITRATION CASE NO.08/BNC/ARB/DHARWAD/2016 PASSED BY THE LEARNED SOLE ARBITRATOR / RESPONDENT NO.3 HEREIN. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. Learned counsel for the appellant seeks to withdraw the present appeal. 2. The appeal is dismissed as withdrawn. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE Vmb, List No.: 2 Sl No.: 13