IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 12^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

CIVIL MISC. PETITION NO. 125 OF 2023

BETWEEN:

M/S MANDALAPU DEVELOPERS PRIVATE LIMITED

OFFICE PLOT NO.41, BHEL ENCLAVE, AKBAR ROAD,

BOWENPATTY, SECUNDERABAD,

REP BY ITS DIRECTOR,

SRI MANDALAPU VISWA MOHAN

S/O MANDALAPUR JAGAN MOHAN RAO

AGED 48 YEARS,

R/AT FLAT NO.202, VAISHNAVI ANANDA NILAYAM,

TELECOM NAGAR, GACHIBOWLI,

HYDERABAD-500032.

…PETITIONER

(BY SRI. H B RUDRESH, ADVOCATE)

AND:

1. M/S KAMALAYA HI SOFT LIMITED

HAVING ITS REGISTERED OFFICE AT NO.002,

FARAH PLAZA, UNION STREET,

Digitally signed

INFANTRY ROAD CROSS, BENGALURU

by SHWETHA

RAGHAVEN DRA REP BY ITS DIRECTOR

Location: HIGH SRI.M.RAVI

COURT OF S/O LATE SRI M.R.KOTESWAR RAO

KARNATAKA

R/AT PLOT NO.98, PHASE-I,

KAVERI HILLS, HYDERABAD-500 003.

2. M/S THREE CUBE PROJECTS PVT LTD REG.OFFICE AT R.A.TOWERS, 2ND FLOOR,

ROAD NO.2, BANJARA HILLS,

HYDERABAD-500 033

REP. BY ITS EXECUTIVE DIRECTOR

MR.P.HEMANTH REDDY.

AND ALSO R/AT MR.P.HEMANTH REDDY, S/O P.RAMACHANDRA REDDY, R/AT PLOT NO.317, ROAD NO.25, JUBILEE HILLS, HYDERABAD-500 033.

…RESPONDENTS THIS CIVIL MISC. PETITION IS FILED UNDER SECTION 11 (5)

OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO A)ALLOW THE ABOVE PETITION AND APPOINT ANY HONBLE RETIRED DISTRICT JUDGE ON THIS HONBLE COURT DEEMS FIT SO THAT THE LEARNED ARBITRATOR MAY ENTER ON REFERENCE AND RESERVE AND DECIDE THE DISPUTE BETWEEN THE PETITIONER AND THE RESPONDENT AS PER THE PROVISION OF THE ARBITRATION AND CONCILIATION ACT, 1996 AT ANNEXURE-A CONSTRUCTION AGREEMENT DATED 20/10/2007, SEC VIII (3) OF PAGE NO. 44 AND ETC.

THIS PETITION, COMING ON FOR DISMISSAL, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

ORAL ORDER

1. The petitioner is before this Court seeking for the following reliefs:

a. Allow the above petition and appoint any Hon’ble retired district judge on this Hon’ble court deems fit so that the learned arbitrator may enter on reference and reserve and decide the dispute between the petitioner and the respondent as per the provision of the arbitration and conciliation act, 1996 at Annexure-A construction agreement dated

20/10/2007, sec viii (3) of page no. 44.

b. And grant such other relief or orders as this Hon’ble court deems fit under the circumstances of the case, including costs, in the interest of justice and equity.

2. None appears for the petitioner.

3. Despite the order dated 28.11.2025, neither the process fee has been paid nor is there any appearance on the part of the petitioner.

4. It appears that the petitioner is not interested in prosecuting the matter, the petition is dismissed for non-prosecution.

SD/-

(SURAJ GOVINDARAJ)

JUDGE SR List No.: 1 Sl No.: 107