IN THE HIGH COURT OF KARNATAKA AT BENGALURU Dated this the 21st day of December, 2017 PRESENT:
THE HON’BLE MR JUSTICE B. VEERAPPA AND THE HON’BLE DR JUSTICE H. B. PRABHAKARA SASTRY A.P-I-M No 7 of 2017 BETWEEN:
M/S NITESH ESTATES LIMITED LEVEL 7, NITESH TIME SQUARE NO 8 M G ROAD, BANGALORE-560001 REP BY ITS AUTHORIZED REPRESENTATIVE MR K B SWAMY ... APPELLANT [By Sri Naman Jhabakh, Advocate, for Ms Maya Holla, Advocate) AND:
1. MRS SHAILA MATHIAS W/O LATE MR NOEL MATHAIS RESIDING AT APT NO 004 ASHOK PARK VIEW 42, DAVIS ROAD, RICHARD TOWN BANGALORE-560084 2. YASMIN FELIX W/O MR F FELIX REPRESENTED POWER OF ATTORNEY MRS SHAILA MATHIAS … RESPONDENTS THIS APPEAL IS FILED UNDER SECTION 37 OF THE ARBITRATION AND CONCILIATION ACT 1996 R/W ORDER LXIII RULE 1(R) OF THE CODE CIVIL PROCEDURE, 1908, PRAYING TO CALL FOR RECORDS IN THE ARBITRATION DISPUTE ON THE FILE 2 OF THE SOLE ARBITRATOR HON'BLE MR JUSTICE A N VENUGOPALA GOWDA (RETD) AND SET ASIDE THE INTERIM ORDER DATED 28/11/2017 PASSED BY THE LEARNED SOLE ARBITRATOR IN THE DISPUTE BETWEEN THE APPELLANT AND THE RESPONDENTS AND ETC.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY, VEERAPPA, J, MADE THE FOLLOWING:-
J U D G M E N T Sri Naman Jhabakh, learned counsel for the appellant, filed a memo dated 20-12-2017, duly signed by the appellant, seeking permission of the court to withdraw the appeal with liberty to file an appeal before the appropriate court.
2. The memo is placed on record.
3. The appeal is dismissed as withdrawn with liberty to file the appeal before the appropriate forum in accordance with law.
Sd/- JUDGE *pjk Sd/- JUDGE