IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE B. VEERAPPA CIVIL MISCELLANEOUS PETITION No.85 of 2019 BETWEEN MR. VINAYAKA BHAKTA, S/O. LATE M. PRAKASHCHANDRA BHAKTA, AGED ABOUT 38 YEARS, RESIDING AT NO.101-A, S.S. PALACE, NEAR HELIPAD, MARY HILL, P.O. KAVOOR, MANGALURU – 575 015, D.K.
... PETITIONER (BY SRI P.P. HEGDE, ADVOCATE) AND 1. SRI ANANTHESH BHAKTA, S/O. LATE M. ASHOK BHAKTA, AGED ABOUT 22 YEARS, RESIDING AT DOOR No.14-1-64, NEAR HOTEL WOODLANDS, BUNTS HOSTEL ROAD, MANGALURU, DAKSHINA KANNADA DISTRICT – 575 003.
2. SMT. SABITHA BHAKTA, W/O. LATE M. GANGADHARA BHAKTA, AGED ABOUT 48 YEARS, 3. KUM. DIKSHA BHAKTA, D/O. LATE M. GANGADHARA BHAKTA, AGED ABOUT 25 YEARS, RESPONDENTS No.2 AND 3 ARE RESIDING AT FLAT No.401, KESHAVA APARTMENT, NEHRU AVENUE ROAD, LALBAGH, MANGALURU, D.K. DISTRICT – 575 003.
... RESPONDENTS (BY SRI M. SUDHAKAR PAI, ADVOCATE FOR R1-R3) THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11(6) READ WITH SECTION 12(5) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING APPOINTMENT OF AN INDEPENDENT, IMPARTIAL AND QUALIFIED ARBITRATOR BY RECONSTITUTING THE ARBITRAL TRIBUNAL IN PROCEEDINGS A.C.No.3 of 2018 WHICH IS PRESENTLY COMPRISING OF THE SOLE ARBITRATOR SRI MOOSA KUNHI NAYARMOOLE, FOR ADJUDICATING THE DISPUTES BETWEEN THE PARTIES HEREIN, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS CIVIL MISCELLANEOUS PETITION COMING ON FOR ADMISSION, THIS DAY THE COURT MADE THE FOLLOWING:
ORDER Learned counsel for the petitioner files a memo in Court today seeking leave of this Court to withdraw the petition with liberty to approach the concerned competent Court.
Memo is taken on record.
Accordingly, the petition is dismissed as withdrawn with liberty to approach the concerned competent court.
Sd/- JUDGE mv