- 1 - HC-KAR CNR: KAHC010099732025 NC: 2026:KHC:47976-DB MFA No. 1136 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF SEPTEMBER, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA MISCELLANEOUS FIRST APPEAL NO.1136 OF 2025 (AA) BETWEEN: SRI RAJESH RAI AGED 54 YEARS, S/O LATE MOHANDAS RAI, NO.8-C, GULMOHAR APARTMENT, NO.20, CONVENT ROAD, BENGALURU-560 025. …APPELLANT (BY SMT. LAKSHMI IYENGAR, SENIOR COUNSEL FOR SRI. DHARANEESHWARAN K., ADVOCATE) AND: 1. RAJESH P. SHAH, AGED 56 YEARS, S/O P.H. SHAH, NO.286, 17TH CROSS, UPPER PALACE ORCHARDS, SADASHIVANAGAR, BENGALURU-560 080. 2. SRI. N.S. SANGOLI, RETD. DIST. JUDGE, NO.415/2, F BLOCK, SAHAKARANAGAR, BENGALURU - 560 092. (FORMAL PARTY-DISPENSATION SOUGHT FOR NOTICE) Digitally signed by C K LATHA Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010099732025 NC: 2026:KHC:47976-DB MFA No. 1136 of 2025 3. SMT. RATHNA M. RAI W/O LATE MOHAN DAS RAI, AGED ABOUT 75 YEARS, NO.8-C, GULMOHAR APARTMENT, NO.20, CONVENT ROAD, BENGALURU -560025. (FORMAL PARTY-DISPENSATION SOUGHT FOR NOTICE) …RESPONDENTS (BY SRI. GANESHA B.R., ADVOCATE FOR SRI. BHASKAR BABU H.J., ADVOCATE FOR C/R-1; V.O.D. 24.11.2025 NOTICE TO R-2 AND R-3 DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 37(1)(c) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO SET ASIDE THE JUDGMENT DATED 04.01.2025 AND DECREE/AWARD DATED 08.01.2025 PASSED BY THE COURT OF VI ADDITIONAL CITY CIVIL & SESSIONS JUDGE, BENGALURU (CCH-11) IN A.S.NO.76/2013, PRODUCED AT ANNEXURES-A & B AND CONSEQUENTLY RESTORE THE AWARD PASSED BY THE LEARNED SOLE ARBITRATOR. 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 MRS. JUSTICE K.S. HEMALEKHA - 3 - HC-KAR CNR: KAHC010099732025 NC: 2026:KHC:47976-DB MFA No. 1136 of 2025 ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The learned counsel for the appellant has filed a memo seeking withdrawal of the present appeal. 2. The appeal is accordingly dismissed as withdrawn. 3. The pending interlocutory application stands disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (K.S. HEMALEKHA) JUDGE MBM List No.: 2 Sl No.: 14