Dismissed¶43

Smt Renu Pahwa v. M/S Harvest Hotels and Serviced Apartments Private Limited

Karnataka HC17 Oct 2025CMP/812/2022

Case brief

AI extract

What is this about?

Section 11(5) and (6) Arbitration and Conciliation Act 1996 petition; appointment of independent neutral sole arbitrator; Clause 7.1 Agreement to Sell dated 12/01/2017; Clause 11.1 Lease Deed dated 12/01/2017; petitioners Renu Pahwa and Subhash Pahwa; respondent M/s Harvest Hotels and Serviced Apartments Private Limited through IRP Shailendra Ajmera (Ernst and Young LLP); withdrawal memo dated 17.10.2025; NCLT CP (IB) No.144(PB)/2022 Resolution Plan approved; petition dismissed as infructuous; High Court of Karnataka at Bengaluru; Suraj Govindaraj J.; decided 17.10.2025; NC: 2025:KHC:41498; no holding on arbitrability - not citable for arbitration jurisprudence.

What did the court decide?

None; the memo for withdrawal was accepted and the petition was dismissed as having become infructuous. ¶43

Smt Renu Pahwa Vs M/S Harvest Hotels and Serviced Apartments… — Arbitration | Karnataka HC (2025)

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NC: 2025:KHC:41498 CMP No. 812 of 2022

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 17^TH DAY OF OCTOBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

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CIVIL MISC. PETITION NO. 812 OF 2022

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BETWEEN:

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SMT. RENU PAHWA, W/O SHRI SUSHIL PAHWA, AGED ABOUT 42 YEARS, R/AT A-71, LOK VIHAR,

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3^RD FLOOR, PITAMPURA, NORTH-WEST DELHI, NEW DELHI-110 034.

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SH. SUBHASH PAHWA, S/O SRI S L PAHWA, R/AT 174, UPPER GROUND FLOOR, KOHAT ENCLAVE, PITAMPURA, NEW DELHI-110 034.

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…PETITIONERS

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(BY SRI RAVINDRANATH K & SRI VINAY HEGDE, ADVOCATES)

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AND:

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Digitally signed by SHWETHA RAGHAVENDRA

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Location: HIGH COURT OF KARNATAKA

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M/S HARVEST HOTELS AND SERVICED APARTMENTS PRIVATE LIMITED, THROUGH ITS IRP, SHAILENDRA AJMERA, ERNST AND YOUNG LLP, 3^RD FLOOR WORLDMARK I, AEROCITY HOSPITALITY, NEW DELHI - 110 037.

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V/C/O DATED 30.11.2022 CAUSE TITLE AMENDED

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…RESPONDENT

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(BY SRI MAHENDRA GOWDA C.R, ADVOCATE)

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THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(5) AND (6) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING THAT THE HON'BLE COURT BE PLEASED TO APPOINT THE INDEPENDENT NEUTRAL SOLE ARBITRATOR TO ADJUDICATE THE DISPUTE BETWEEN THE PETITIONERS AND THE RESPONDENT IN TERMS OF CLAUSE 7.1 OF THE AGREEMENT TO SELL DATED

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NC: 2025:KHC:41498 CMP No. 812 of 2022

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HC-KAR

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12/01/2017 DOCUMENT NO.1 AND CLAUSE 11.1 OF LEASE DEED DATED 12/01/2017 DOCUMENT NO.2 ENTERED INTO BETWEEN THE PETITIONERS AND RESPONDENT, IN THE INTEREST OF JUSTICE.

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THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

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ORAL ORDER

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The petitioners are before this Court seeking for the

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following reliefs;

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"THEREFORE, it is prayed that the Hon'ble Court be pleased to appoint the independent neutral Sole Arbitrator to adjudicate the dispute between the Petitioners and the Respondent in terms of clause 7.1 of the Agreement to Sell dated 12/01/2017, Document No.1 and clause 11.1 of lease deed dated 12/01/2017 Document No.2 entered into between the Petitioners

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and Respondent, in the interest of justice."

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A memo dated 17.10.2025 has been filed and signed

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by the learned counsel for the petitioner, which reads

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as under;

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MEMO FOR WITHDRAWAL

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The undersigned counsel for the petitioners prays that as follows;

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The Hon’ble NCLT in CP (IB) No.144(PB)/2022 approved the Resolution Plan, in view of the order of the above matter will became infructuous, hence this Hon’ble Court may be pleased to permit the petitioners withdraw the above case as infructuous. Hence, this Memo.

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NC: 2025:KHC:41498 CMP No. 812 of 2022

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HC-KAR

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