Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:19736 CMP NO.309 OF 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL MISCELLANEOUS PETITION NO.309 OF 2024 BETWEEN:
M/S TOTAL ENVIRONMENT BUILDING SYSTEMS PRIVATE LTD.
REGISTERED OFFICE AT:
IMAGINE, NO.78, ITPL MAIN ROAD, EPIP ZONE, WHITEFIELD, BENGALURU - 560 066.
REP. BY ITS AUTHORISED REPRESENTATIVE MR. SURESH CHANDRA BHANDARI. …PETITIONER (BY SRI. ANUPARNA BORDOLOI, ADVOCATE) AND:
1.
SRIDHAR V.
S/O LATE MR. VENKATAGIRIPALAYA, AGED ABOUT 38 YEARS, R/AT GIRI FIELDS, DODDAGATTINABBI, HOSKOTE TALUK, BENGALURU - 562 114.
(V/O DATED 09.04.2026, R1 IS DELETED)
2.
H. RAGHAVENDRA S/O P. HANUMANTHAPPA, AGED ABOUT 32 YEARS, R/AT SUNNAKALPET, HOSKOTE TOWN, BENGALURU RURAL.
ALSO AT:
NO.73, 23RD CROSS, 2ND BLOCK, AKSHAYANAGARAM, RAM MURTHY NAGAR, BENGALURU - 560 016.
Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:19736 CMP NO.309 OF 2024
3. NAGARATNAMMA W/O LATE P. HANUMANTHAPPA, AGE: MAJOR, SUNNAKALPET, HOSKOTE TOWN, BENGALURU RURAL DISTRICT - 562 114.
4.
PRIYANKA HANUMANTHAPPA D/O LATE P. HANUMANTHAPPA, AGE: MAJOR, SUNNAKALPET, HOSKOTE TOWN, BENGALURU RURAL DISTRICT - 562 114.
5. AKSHATA W/O SRI. H. RAGHAVENDRA, AGE: MAJOR, SUNNAKALPET, HOSKOTE TOWN, BENGALURU RURAL DISTRICT - 562 114. …RESPONDENTS (BY SRI. MURALI M., ADVOCATE FOR R2 TO R3)
THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO APPOINT A SOLE ARBITRATOR FOR ADJUDICATION OF DISPUTES THAT HAVE ARISEN BETWEEN THE PARTIES AS PER CLAUSE 8.01 AND 8.02 OF THE AGREEMENTS DATED 10TH JULY, 2013 AND 28TH FEBRUARY, 2014 VIDE ANNEXURES 'A' AND 'A1' AND UNDER CLAUSE 7.01 TO 7.02 OF THE AGREEMENT DATED 28TH FEBRUARY, 2014 VIDE ANNEXURE 'A2' IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S. INDIRESH
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HC-KAR NC: 2026:KHC:19736 CMP NO.309 OF 2024
ORAL ORDER
Learned counsel appearing for the parties have filed Joint Memo dated 07th April, 2026, which reads as under:
"JOINT MEMO FILED BY PETITIONER AND RESPONDENT NOS.2, 3 AND 5
The parties herein respectfully submits as follows:
1. That the above petition is filed for appointment of Arbitrator as per the terms mentioned in the unregistered sale agreement dated 28.02.2014.
2. The parties herein respectfully submits that during the pendency of the above proceedings, they have amicably settled the above case amongst themselves out of Court. In view of the said settlement out of court by entering into MOU dated 02.04.2026, the parties herein have decided not to further prosecute the above petition as the same has now become infructuous.
3. The Respondent No.1 is not a proper and necessary party for the above proceedings and as such, the petitioner respectfully prays to delete the Respondent No.1 from the above proceedings. Therefore, the parties herein humbly prays that this Hon'ble Court may kindly be pleased to dismiss the above petition as settled out of Court in terms of MOU dated 02.04.2026, in the interest of justice and equity.
2. The said memo is taken on record.
3. In the joint memo filed by the parties, at Clause No.3, it submitted that the respondent No.1 is not a proper and necessary party for the proceedings and as such, its is prayed
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HC-KAR NC: 2026:KHC:19736 CMP NO.309 OF 2024
to delete the respondent No.1 from the proceedings. Accordingly, the respondent No.1 is deleted from the proceedings at the risk of the parties.
4. Taking into consideration the submission made by the parties in the aforesaid memo that the parties have amicably settled the lis between themselves out of Court, Writ petition is disposed of.
5. Registry is directed to return the original documents if any, produced by the parties, after obtaining photostat copy of the same for the file.
SD/- (E.S. INDIRESH) JUDGE
ARK List No.: 2 Sl No.: 2