IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 17TH DAY OF DECEMBER, 2021

BEFORE

THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT

CIVIL MISCELLANEOUS PETITION NO.275 OF 2021

BETWEEN:

M/S. SHREEHARI DEVELOPERS, NO.1198/1A, I FLOOR, K R B ROAD, CHAMARAJAPURAM, MYSURU - 570 005. REPRESENTED BY ITS PROPRIETOR SRI. A. RAMACHANDRA

…PETITIONER

(BY SRI. ABISHEK A., ADVOCATE)

AND:

• 1. SOUTH WESTERN RAILWAYS EMPLOYEES HOUSE BUILDING CO-OPERATIVE SOCIETY, IRWIN ROAD, MYSURU - 570 001. REPRESENTED BY ITS SECRETARY SUMA K.
• 2. SRI. T.M. DHARME GOWDA PRESIDENT, SOUTH WESTERN RAILWAYS EMPLOYEES HOUSE BUILDING CO-OPERATIVE SOCIETY, IRWIN ROAD, MYSURU - 570 001.
• 3. SMT. N. ANNAPOORNA VICE PRESIDENT, SOUTH WESTERN RAILWAYS EMPLOYEES HOUSE BUILDING CO-OPERATIVE SOCIETY, IRWIN ROAD, MYSURU - 570 001.
• 4. SRI. S. CHANDRAPPA DIRECTOR, SOUTH WESTERN RAILWAYS EMPLOYEES

HOUSE BUILDING CO-OPERATIVE SOCIETY, IRWIN ROAD, MYSURU - 570 001.

• 5. SRI. N. KOTE GOWDA DIRECTOR, SOUTH WESTERN RAILWAYS EMPLOYEES HOUSE BUILDING CO-OPERATIVE SOCIETY, IRWIN ROAD, MYSURU - 570 001.
• 6. SRI. L. JAI KUMAR DIRECTOR, SOUTH WESTERN RAILWAYS EMPLOYEES HOUSE BUILDING CO-OPERATIVE SOCIETY, IRWIN ROAD, MYSURU - 570 001.
• 7. SRI. S. SRIPATHI DIRECTOR, SOUTH WESTERN RAILWAYS EMPLOYEES HOUSE BUILDING CO-OPERATIVE SOCIETY, IRWIN ROAD, MYSURU - 570 001.
• 8. SRI. VISHWANATHA KUMARA DIRECTOR, SOUTH WESTERN RAILWAYS EMPLOYEES HOUSE BUILDING CO-OPERATIVE SOCIETY, IRWIN ROAD, MYSURU - 570 001.
• 9. SRI. N. SRINIVASA DIRECTOR, SOUTH WESTERN RAILWAYS EMPLOYEES HOUSE BUILDING CO-OPERATIVE SOCIETY, IRWIN ROAD, MYSURU - 570 001.
• 10. SRI. T. SRINIVASA DIRECTOR, SOUTH WESTERN RAILWAYS EMPLOYEES HOUSE BUILDING CO-OPERATIVE SOCIETY, IRWIN ROAD, MYSURU - 570 001.
• 11. SRI. B.N. THIPPE SWAMY DIRECTOR,

SOUTH WESTERN RAILWAYS EMPLOYEES HOUSE BUILDING CO-OPERATIVE SOCIETY, IRWIN ROAD, MYSURU - 570 001.

• 12. SRI. A. DYAVANNA DIRECTOR, SOUTH WESTERN RAILWAYS EMPLOYEES HOUSE BUILDING CO-OPERATIVE SOCIETY, IRWIN ROAD, MYSURU - 570 001.
• 13. SMT. GRACE LATHA DIRECTOR, SOUTH WESTERN RAILWAYS EMPLOYEES HOUSE BUILDING CO-OPERATIVE SOCIETY, IRWIN ROAD, MYSURU - 570 001.
• 14. SRI. K. MOHAN DIRECTOR, SOUTH WESTERN RAILWAYS EMPLOYEES HOUSE BUILDING CO OPERATIVE SOCIETY, IRWIN ROAD, MYSURU - 570 001.

…RESPONDENTS

(R1-SERVED & UNREPRESENTED)

THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING THIS HON'BLE COURT TO APPOINT AN ARBITRATOR FOUND SUITABLE AS THE SOLE ARBITRATOR FOR ADJUDICATION OF DISPUTES THAT HAS ARISEN BETWEEN THE PETITIONER AND THE RESPONDENTS, PURSUANT TO CLAUSE 24 OF THE AGREEMENT DATED 26/06/2013 (ANNEXURE-B) AND GRANT SUCH OTHER AND FURTHER RELIEFS WHICH ARE JUST AND PROPER IN THE FACTS AND CIRCUMSTANCES OF THE PRESENT CASE.

THIS CIVIL MISECLLANEOUS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

This petition is disposed off as withdrawn in terms of

the Memo dated 11.08.2021, which reads as under:

"It is most respectfully submitted that this Hon'ble Court was pleased to issue notice to the Respondent vide order dated 28.07.2021.

Subsequently, the Parties have amicably settled the disputes that had arisen presently, by entering into two agreements which are produced herewith dated 02.08.2021.

WHEREFORE this Hon'ble Court may kindly be pleased to take this memo for withdrawal and pass appropriate orders with liberty to approach this Hon'ble Court as and when if any disputes arise between parties in the interests of Justice".

Sd/- JUDGE

DS/JY