Karnataka High Court
M/S Embassy Property Developments vs M/S Mandava Holdings Private Limited on 26 November, 2025
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NC: 2025:KHC:48959
CMP NO.485 OF 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE E.S. INDIRESH
CIVIL MISCELLANEOUS PETITION NO.485 OF 2024
BETWEEN:
M/S EMBASSY PROPERTY DEVELOPMENTS
PRIVATE LIMITED
(FORMERLY KNOWN AS DYNASTY DEVELOPERS
PRIVATE LIMITED)
INCORPORATED UNDER THE COMPANIES ACT, 1956,
HAVING ITS REGISTERED OFFICE AT:
EMBASSY PAINT, 1ST FLOOR,
150, INFANTRY ROAD,
BENGALURU - 560 001.
REP. BY ITS AUTHORIZED SIGNATORY
MR. B. S. MOHAN.
...PETITIONER
(BY SRI. AJESH KUMAR S., ADVOCATE)
AND:
Digitally signed by 1. M/S MANDAVA HOLDINGS PRIVATE LIMITED
ARUNKUMAR M S
(FORMERLY KNOWN AS PRABHAT HOMES
Location: HIGH
COURT OF PRIVATE LIMITED)
KARNATAKA INCORPORATED UNDER THE COMPANIES ACT, 1956,
HAVING ITS REGISTERED OFFICE AT:
NSL ICON, 4TH FLOOR, 8-2-684/2/A,
PLOT NO.1 AND 4, OPP. ICICI BANK,
ROAD NO. 12, BANJARA HILLS,
HYDERABAD - 500 034.
REP. BY ITS DIRECTOR MR. M. PRABHAKAR RAO.
2. REDDY VEERANNA
S/O R. SANJEEVAPPA
AGED ABOUT 65 YEARS,
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NC: 2025:KHC:48959
CMP NO.485 OF 2024
HC-KAR
R/AT NO.109, 10TH MAIN,
7TH CROSS RMV EXTENSION,
SADASHIVA NAGAR,
BENGALURU - 560 080.
OFFICE AT:
2ND FLOOR, CLASSIC COURT,
RICHMOND ROAD,
BENGALURU - 560 020.
3. T. SUDHAKAR
S/O SRI T. SANJEEVARAYUDA
AGE: MAJOR,
R/AT NO.14, TILAK NAGAR,
MAIN ROAD, OPP. SAGAR MOTORS,
BENGALURU - 560 041.
4. B. VISHNUVARDHAN
S/O SRI. S.B. RAMACHANDRAIAH,
AGE: MAJOR,
R/AT NO.1, SAMACHAR APARTMENTS,
MAYUR VIHAR PHASE NO.1,
NEW DELHI - 110 092.
...RESPONDENTS
(BY SRI. NISHAN G K., ADVOCATE FOR R1
RESPONDENTS 2 TO 4 - SERVED)
THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER
SECTION 11(6) OF THE ARBITRATION AND CONCILIATION
ACT, 1996, PRAYING TO APPOINT A SOLE ARBITRATOR AS PER
THE PROVISIONS OF THE ARBITRATION AND CONCILIATION
ACT, 1996 IN RESPECT OF THE DISPUTES ARISEN BETWEEN
THE PARTIES ON RESPECT OF CLAUSE 9 OF THE AGREEMENT
OF SALE DATED 04TH AUGUST, 2005 AND CLAUSE 10 OF THE
ASSIGNMENT AGREEMENT DATED 25TH SEPTEMBER, 2008 VIDE
ANNEXURES 'B' AND 'D'.
THIS PETITION COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S. INDIRESH
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NC: 2025:KHC:48959
CMP NO.485 OF 2024
HC-KAR
ORAL ORDER
Learned counsel appearing for the petitioner filed application IA.1 of 2025 under Order XXIII Rule 1 of the Code of Civil Procedure, 1908, seeking leave of the Court to withdraw the petition with a liberty to file a fresh petition.
2. Taking into consideration the reasons stated by the petitioner in the affidavit accompanying application, I am of the view that the petition deserves to be disposed of with a liberty to file a fresh petition.
3. Accordingly, IA.1 of 2025 is allowed; consequently, Civil Miscellaneous petition stands disposed of, reserving liberty to the petitioner to file a fresh petition as sought for in the application.
SD/-
(E.S. INDIRESH) JUDGE ARK List No.: 1 Sl No.: 13