- 1 - HC-KAR NC: 2026:KHC:1802-DB COMAP No. 223 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JANUARY, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL COMMERCIAL APPEAL NO.223 OF 2022 BETWEEN: M/S NITESH RESIDENCY HOTELS PVT. LTD., NITESH TIME SQUARE 7TH FLOOR, No.8, M.G.ROAD BENGALURU - 560 001. REPRESNETED BY ITS AUTHORISED REPRESENTATIVE SRI K.B.SWAMY S/o K.VEERABRAHMAM AGED ABOUT 61 YEARS …APPELLANT (BY MISS LEKHA JAIN FOR SRI SIDDHARTH SUMAN, ADVOCATES) AND: M/S ANI MARBLES AND GRANITES A-106, SECTOR-5 NOIDA - 201301 (UP) ALSO AT No.9 AUSTIN TOWN LAYOUT NORTH STREET (EAST) NERELASANDRA BENGALURU - 560 047. …RESPONDENT (BY SMT.SUNAINA S. RAO FOR SRI POPAT PRASHANT DHARMASINH, ADVOCATES) Digitally signed by BANGALORE ANJANAPPA KRISHNA KUMAR Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:1802-DB COMAP No. 223 of 2022 THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 13(1-A) OF COMMERCIAL COURT ACT, 2015 UNDER SECTION 37(1)(C) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO SET ASIDE THE ORDER DATED 22/10/2021 PASSED BY THE COURT OF THE LXXXIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BENGALURU CITY (CCCH-84) (COMMERCIAL DIVISION) IN COM.A.S.NO.233/2018 AND CONSEQNENTLY SET ASIDE THE AWARD DATED 17/08/2018 PASSED BY THE HON'BLE ARBITRAL TRIBUNAL BY ALLOWING THE CLAIM FILED BY THE CLAIMANT AND REJECT THE COUNTER CLAIM OF THE RESPONDENT. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL) Learned counsel for the appellant has filed a memo indicating that the matter is amicably settled between the parties and copy of the settlement agreement is enclosed along with the memo. 2. The memo reads as under: "It is humbly submitted that the parties have entered into a settlement agreement and the same may be taken on record in the interest of justice and the said matter may be disposed of in terms of the said settlement agreement dated 02.01.2026." - 3 - HC-KAR NC: 2026:KHC:1802-DB COMAP No. 223 of 2022 3. Memo as well as the settlement agreement is placed on record. The appeal is disposed of in terms of the settlement agreement dated 02.01.2026 entered into between the parties. 4. Registry shall draw the decree in terms of the settlement agreement entered between the parties. If the appellant fails to comply with the terms, it is open for the respondent to execute the decree in accordance with law. In view of the aforesaid settlement, the appeal is disposed of. All the pending applications are closed. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE RAK List No.: 1 Sl No.: 35