IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 29^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CIVIL MISC PETITION NO. 100025 OF 2024 BETWEEN:

M/S. RE SUSTAINABILITY LIMITED, LEVEL 11B, AUROBINDO GALAXY CITY HYDERABAD KNOWLEDGE CITY HYDERABAD, TALANGANA - 500 0881.

…PETITIONER (BY SRI. MATRUGUPTA MISHRA, SENIOR COUNSEL A/W SRI. A.B.PATIL, ADVOCATES)

AND:

BELGAUM CITY CORPORATION, CTS NO 4821/27A RSNO 1005, SUBHASH NAGAR, BELAGAVI KARNATAKA - 590 016.

…RESPONDENT (BY SRI. VINAY KOUJALAGI, ADVOCATE)

THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11 R/W SECTION 14(1) AND 15 OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO DECLARE THAT THE RAKESH S MANDATE OF THE LD. SOLE ARBITRATOR APPOINTED BY THIS HARIHAR HON’BLE COURT VIDE ORDER DATED 15.11.2023 IN CMP NO.100012 OF 2023 TO ADJUDICATE THE ARBITRATION Digitally signed by RAKESH S HARIHAR PROCEEDINGS BEARING ARB P.NO.02/2023 STANDS Date: 2025.10.31 06:27:06 +0000 TERMINATED IN ACCORDANCE WITH SECTION 14 OF THE ACT. APPOINT AN INDEPENDENT SOLE ARBITRATOR AS A SUBSTITUTED ARBITRATOR IN TERMS OF SECTION 15 OF THE ACT TO ADJUDICATE THE DISPUTE BETWEEN THE PARTIES. DIRECT THAT THE ARBITRATION PROCEEDINGS BEFORE THE SUBSTITUTED ARBITRATOR BE RESUMED AND CONTINUED FURTHER WITH THE SAME SET OF PLEADINGS AS ON RECORD AND ETC., THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)

Heard the learned counsel appearing to the petitioner and the respondent.

2. The parties to the lis had earlier submitted that the matter has been settled between the parties. The learned counsel now submits that matter has been settled and places the terms of settlement arrived at between the parties. The terms of settlement reads as follows.

“This SETTLEMENT AGREEMENT is entered into this 22 day of September 2025, by and between:

City Corporation Belagavi, having its office at Belgaum, Karnataka (hereinafter referred to as the "CCB"), represented by its commissioner.

And Re Sustainability Limited (formerly Ramky Enviro Engineers Limited), having its office at Level 11B, Aurobindo Galaxy, Hyderabad Knowledge City, Hitech City Road, Hyderabad, Telangana - 500081, India, (hereinafter the "RESL").

CCB & RESL are herein after referred to individually referred to as the "party" and collectively as the "parties".

WHEREAS:

1. Belgaum City Corporation and Ramky Enviro Engineers Limited (now it is known as Re Sustainability Limited) entered into a Concession Agreement dated 18.06.2007 for the construction, operation, and maintenance of a Municipal Solid Waste (MSW)

Inertisation and landfill facility at Belgaum, Karnataka (the "Contract") for a concession period of 20 years. 2. During the course of the contract, certain disputes arose regarding withheld payments during monsoon period, delay in release of payments and non- deposit of Post Closure Performance Account related amounts into the Escrow Account etc. ("Issues")

3. RESL raised claims amounting to INR 12.38 Corers as of 31.05.2025 under the following heads: i. Withheld Amounts (Principal) -

INR 3.50 Cr ii. Non-deposit Into PCPA/Escrow Account -

INR 1.39 Cr iii. Interest on Delayed Payments -

INR 7.49 Cr

4. Consequently, in accordance with the dispute resolution mechanism under Article 10 of the Contract, RESL invoked arbitration against CCB and as result Arbitration Case bearing No. 14/2025 ("Arbitration") is currently being taking place before the Bangalore Arbitration Centre.

5. While Arbitration proceedings are underway, both the parties had agreed to settle the Issues through Amicable Settlement.

6. Accordingly, a settlement meeting was chaired by the Hon'ble Commissioner of CCB on 04.06.2025 in Belgaum and attended by senior representatives from both the parties, but the issues were remained unsettled.

7. During the Arbitration proceedings dated

04.08.2025, Hon'ble Arbitrator has directed the parties to convene a meeting on 11.08.2025. As per the dire