IN THE HIGH COURT OF KARNATAKA AT BENGALURU
NC: 2026:KHC:27213
CMP No. 226 of 2025
M/S JOYALUKKAS INDIA LIMITED
ERSTWHILE M/S JOYALUKKAS INDIA PVT LTD
A COMPANY INCORPORATED
UNDER THE COMPANIES ACT,
HAVING ITS REGISTERED OFFICE
AT DOOR NO.5/309-3,
FATHIMA NAGAR, MISSION QUARTERS,
THRISSUR, KERALA-680005
REPRESENTED BY ITS
AUTHORIZED SIGNATORY
V.S.JINESH
…PETITIONER
(BY SRI. JOSE SEBASTIAN.,ADVOCATE)
AND:
ABDUL AZEEZ
S/O B.P. HASSANABBA
R/AT NO.16/2, BANIMANATAP,
C-LAYOUT, BHUVANESWARI
KALAYAN MANDAP ROAD,
BANIMANTAP, MYSORE-570015.
HAVING OFFICE AT ANI KAVERI SILKS AND
HANDICRAFTS', L-18, L18/1, L18/1B,
DOOR/PLOT NO.2928, B.N.ROAD,
LASHKAR MOHALLA MYSORE-570001.
…RESPONDENT
THE HON'BLE MR. JUSTICE B M SHYAM PRASAD
DATED THIS THE 8TH DAY OF JUNE, 2026
THIS CMP IS FILED UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO APPOINT A SOLE ARBITRATOR TO ARBITRATE THE DISPUTE RAISED BY THE PETITIONER AGAINST THE RESPONDENT IN ACCORDANCE WITH CLAUSE 19 OF LEASE AGREEMENT DATED 13.06.2014 PRODUCED AS ANNEXURE B IN THE PETITION.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD
ORAL ORDER
The memo for withdrawal is filed stating amongst others that the petitioner and the respondent have settled their claim. The memo for withdrawal reads as under:
1. The petitioner filed the above mentioned Civil Miscellaneous Petition under Section 11 of the Arbitration and Conciliation Act, 1996 seeking the appointment of an Arbitrator.
2. The petitioner further submits that a related petition for interim measures was filed before the Hon’ble District and Sessions Court at Mysuru in Com.A.A.No.2/2025 (subsequently registered as Com.A.A.No.1/2-26), seeking an interim injunction regarding the “Schedule B Property”.
3. During the pendency of these proceedings, the petitioner and the respondent have engaged in discussions and have amicably settled the entire subject matter of the dispute out of Court.
4. In view of the comprehensive settlement reached between the parties, the petitioner does not wish to press the present petition for the appointment of an arbitrator and prays for leave to withdraw the same as settled.
Wherefore, it is most respectfully prayed that this Hon’ble Court may be pleased to permit the petitioner to withdraw the CMP No.226/2025 and dismiss the same as withdrawn, in the interest of justice and equity.
In view of the same, the petition stands dismissed.
The registry is directed to return the original records to the petitioner subject to retaining a set of photocopies thereof.
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