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NC: 2026:KHC:5537

CMP No. 269 of 2024

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 30^TH DAY OF JANUARY, 2026

BEFORE

THE HON'BLE MR. JUSTICE ASHOK S.KINAGI

CIVIL MISC. PETITION NO. 269 OF 2024

BETWEEN:

MRS. S PRABHA

WIFE OF MR. L SURESH,

AGED ABOUT 66 YEARS,

RESIDING AT NO.15, VEERAYU,

M N KRISHNA RAO ROAD,

BASAVANGUDI,

BENGALURU - 560 004.

…PETITIONER

(BY SRI. SHAMANTH S N., ADV.)

AND:

Digitally

1. DR. PRAVEEN M P

signed by

SUNITHA K S SON OF CHANNABASAPPA M P,

Location: AGED ABOUT 32 YEARS,

HIGH COURT

RESIDING AT 102, SHARAVANA ENCLAVE,

OF

MSRE COLLEGE ROAD, MATHIKERE,

KARNATAKA

BENGALURU - 560 054.

2. MRS. SUDHA H S

WIFE OF S R BHIMA SHETTY,

AGED ABOUT 54 YEARS,

RESIDING AT C/O MR PARAMESH J I,

HARI HARA KRUPA,

JAYANAGAR WEST,

4TH MAIN, 5TH CROSS,

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NC: 2026:KHC:5537

CMP No. 269 of 2024

HC-KAR

TUMKUR - 572 102.

3. DR. SUMAN KALYAN MARRI

SON OF MARRI SRINIVASA RAO,

AGED ABOUT 33 YEARS,

RESIDING AT A-202,

SANJEEVINI DOCTORS APARTMENT,

SHANKAR HILL TOWNSHIP,

TORANGALLU,

BELLARY - 583 123.

…RESPONDENTS

(BY SRI. SHREERAM TIMMAPPA NAYAK., ADV. FOR R1 & R3,

SRI. MAHENDRA KUMAR.K, ADV. FOR R2)

THIS CIVIL MISC. PETITION UNDER SEC.11(6) OF THE

ARBITRATION AND CONCILIATION ACT, 1996, PRAYING THAT

THIS HONBLE COURT MAY BE PLEASED TO A) APPOINT

HONBLE JUSTICE MR. A.V. CHANDRASHEKAR RETD HIGH

COURT OF KARNATAKA AS THE SOLE ARBITRATOR TO

ADJUDICATE THE DISPUTES BETWEEN THE PETITIONER AND

THE RESPONDENTS ARISING OUT OF THE LEASE DEED DATED

24/12/2018 IN TERMS OF CLAUSE 26 THEREIN AT ANNEXURE

A, B) GRANT SUCH OTHER RELIEF/S AS THIS HONBLE COURT

MAY DEEM FIT UNDER THE FACTS AND CIRCUMSTANCES OF

THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY.

THIS PETITION, COMING ON FOR REPORTING

SETTLEMENT, THIS DAY, ORDER WAS MADE THEREIN AS

UNDER:

CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI

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NC: 2026:KHC:5537

CMP No. 269 of 2024

HC-KAR

ORAL ORDER

The petitioner and the respondents have filed the

joint memo, which reads as under:

“The undersigned counsel for the Parties herein

most respectfully submits that the parties herein have

arrived at an amicable settlement with regard to the

subject matter of the present Petition in terms of this

joint memo. The terms of settlement are as below:

1. Notwithstanding anything stated in the Original Lease

Agreement, the Parties herein have mutually agreed to

terminate and cancel/surrender the registered Original

Lease Agreement with effect from today.

2. The Petitioner hereby acknowledges that the vacant

physical Possession of the Petition Schedule B Property

(leased premises) has been handed over by the

Respondents jointly and severally to the Petitioner on

today.

3. As mutually agreed between the Parties, the interest

free rental security deposit (IFRSD) of Rs. 30,00,000/-

(Rupees Thirty Lakhs Only) paid by Respondents to the

Petitioner under the Original Lease Agreement is to be

adjusted towards dues payable by Respondents to the

Petitioner including and not limiting to arrears of rent.

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NC: 2026:KHC:5537

CMP No. 269 of 2024

HC-KAR

4. The parties herein mutually agree that the Petitioner

does not have to return or repay any amounts to the

Respondents jointly and severally in the form of Interest

Free Rental Security Deposit or otherwise under this

settlement or the original lease agreement and that the

Respondents do not have any claim/s against the

Petitioner under the original lease agreement.

5. The Petitioner does hereby admit and acknowledges

the adjustment of the Interest Free Rental Security

Deposit Amount towards legally recoverable dues

payable by Respondents to the Petitioner in the

aforementioned manner.

6. The Respondents jointly and severally hereby

acknowledge that the Petitioner is not liable to reimburse

the cost of any improvements made by the Respondents

(if any) on the leased premises.

7. The Respondents jointly and severally reassure that

the Petition Schedule B Property (leased premises) and

every part thereof unto the Petitioner free from all

charge, claims, created thereon under and by virtue of

the Original Agreement and all cla