SAFIYA M S v. BAJAJ FINANCE LTD

MISCELLANEOUS FIRST APPEAL NO.5981 OF 2023 (AA) BETWEEN:

1. SAFIYA M S W/O NOOR MOHAMMED, AGED ABOUT 41 YEARS, RESIDING AT NO.F-202, RENAISSANCE EXOTICA, JAKKUR PLANTATION, JAKKUR, BANGALORE – 560 064 (BY SRI. ANJAN KUMAR B N, ADVOCATE) …APPELLANT MADHUSHREE H Location: High Court of Karnataka AND:

BAJAJ FINANCE LTD HAVING ITS CORPORATE OFFICE AT 4TH FLOOR, SY NO.208-1/B, BEHIND WEIKFIELD IT PARK, VIMAN NAGAR, PUNE – 411 014

SH MANOJ P SATHE SOLE ARBITRATOR, AT AMIT COURT BUILDING, OFFICE NO.216, 2ND FLOOR, NEAR SHIKSHAN MANDAL OFFICE, - 2 - NC: 2025:KHC:15000-DB MFA No. 5981 of 2023 SHIVAJI NAGAR, PUNE – 411 004 …RESPONDENTS (RESPONDENT NO.1 IS SERVED & UNREPRESENTED; VIDE ORDER DATED 06.06.2024, SERVICE OF NOTICE TO R2 – SOLE ARTBITRATOR DOES NOT ARISE) THIS MFA IS FILED UNDER SECTION 37(1)(C) OF THE ARBITRATION AND CONCILIATION ACT, PRAYING TO ALLOW THE APPEAL AND SET ASIDE THE AWARD DATED 23.03.2021 PASSED BY SOLE ARBITRATOR, SH.MNOJ P SATHE, IN ARBITRATION CASE NO.Q10BA-16595 AJ23, AT. AMIT COURT BUILDING, OFFICE NO.216, 2ND FLOOR, NEAR SHIKSHAN MANDAL OFFICE, SHIVAJINAGAR, PUNE-411004 AND DECREE DATED 27.06.2023 PASSED IN AS.NO.25001/2022 PASSED BY THE HON’BLE XIII ADDL. CITY CIVIL & SESSIONS JUDGE, MAYO HALL UNIT AT BENGALURU CCH-22, ETC THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE V KAMESWAR RAO HON'BLE MR JUSTICE T.M.NADAF ORAL JUDGMENT (PER: HON'BLE MR JUSTICE V KAMESWAR RAO) Learned counsel for the appellant has filed a memo for withdrawal, in the Court. The same is taken on record. It reads as under:- "The appellant submit that, during the pendency of the above appeal, M/s. Kotak Mahindra Bank has filed application in Ex No.25632/2023 which was filed by Bajaj - 3 - NC: 2025:KHC:15000-DB MFA No. 5981 of 2023 fiancé ltd. before city civil court, Bangalore (CCH-22) stating that the loan account pertains to the above case has transferred to M/s.Kotak Mahindra Bank and wherein the dispute has been settled out of court for the sum of Rs.15,00,000/- (Rs. Fifteen lakh only) on the installments basis, accordingly both parties have filed joint memo before daily Lok-adalath on 07.02.2025 and in view of the joint memo the execution has been closed, hence the appellant prays this Hon'ble court may kindly permit the appellant to withdraw the above case as settled in the interest of justice and equity. "

2. In view of the memo for withdrawal, appeal is dismissed as withdrawn. Sd/- (V KAMESWAR RAO) JUDGE Sd/- (T.M.NADAF) JUDGE MH/- List No.: 1 Sl No.: 31