- 1 - HC-KAR NC: 2026:KHC:5026-DB COMAP No. 40 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA COMMERCIAL APPEAL NO. 40 OF 2025 BETWEEN: 1. UNION OF INDIA REPRESENTED BY ITS GM, SOUTH WESTERN RAILWAYS CLUB ROAD HUBLI - 580 031 2. THE CHIEF ADMINISTRATIVE OFFICER - CONSTRUCTIONS SOUTH WESTERN RAILWAY NO.18, MILLERS ROAD BENGALURU - 560 046 3. THE DEPUTY CHIEF ENGINEER SOUTH WESTERN RAILWAY YADAVGIRI MYSURU - 570 020 …APPELLANTS (BY SRI SHIVAKUMAR, ADVOCATE) AND: 1. MR. J. VENKATESAN RAILWAY CONSTRUCTOR RESIDING AT 25/16, 3RD STREET Digitally signed by SRIDEVI S Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:5026-DB COMAP No. 40 of 2025 T.N. NAGAR, PALANIPET ARAKKONAM - 631 002 VELLORE DISTRICT, T.N. 2. ARBITRAL TRIBUNAL COMPRISING OF SOLE ARBITRATOR SHRI SUNIL KUMAR GUPTA EX-DIRECTOR IRIDM 12011, PRESTIGE LAKE HABITAT VARTHUR ROAD, GUNJUR VILLAGE BANGALORE - 560 087 …RESPONDENTS THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 13 (1-A) OF THE COMMERCIAL COURTS ACT, 2015 R/W SECTIONS 37 OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO PASS SUITABLE ORDERS TO SET ASIDE THE IMPUGNED ORDER DATED 04.03.2024 PASSED BY THE LEARNED LXXXVIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-89) IN COM.A.P NO.170/2023 VIDE ANNEXUE-A & ETC. THIS APPEAL, COMING ON FOR ORDERS, 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. The learned counsel appearing for the appellant seeks to withdraw the present appeal. - 3 - HC-KAR NC: 2026:KHC:5026-DB COMAP No. 40 of 2025 2. Appeal is dismissed as withdrawn. 3. Pending applications stand disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE SD List No.: 1 Sl No.: 7