- 1 - NC: 2025:KHC:6420 WP No. 4272 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 4272 OF 2025 (GM-CPC) BETWEEN: 1. SRI.K. GOPAL POOJARY S/O LATE T.PANJU POOJARY AGED ABOUT 66 YEARS 2. SRI.K.MADHAVA POOJARY S/O. LATE T.PANJU POOJARY AGED ABOUT 63 YEARS BOTH ARE RESIDING AT NO.18 R.V ROAD, BASAVANAGUDI BANGALORE-560 004. PARTNERS OF M/S.S.K.ENTERPRISES (NEW SHANTHI SAGAR) A REGISTERED PARTNERSHIP FIRM REP. BY ITS PARTNERS …PETITIONERS (BY SRI. P D SURANA.,ADVOCATE) AND: 1. SRI. B R MANJUNATH S/O LATE RANGSWAMY AGED ABOUT 66 YEARS RESIDING AT NO.5, 'SASHIKIRAN' G.D STREET,NEAR LALBAGH WEST GATE UPPRAHALLI, BANGALORE-560004. 2. MRS.R.VIJAYA W/O B.R.MANJUNATH Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6420 WP No. 4272 of 2025 AGED ABOUT 61 YEARS RESIDING AT NO.5, 'SASHIKIRAN' G.D STREET,NEAR LALBAGH WEST GATE UPPRAHALLI, BANGALORE-560004. 3. MR.SHASHANK.M W/O B.R.MANJUNATH AGED ABOUT 36 YEARS RESIDING AT NO.5, 'SASHIKIRAN' G.D STREET,NEAR LALBAGH WEST GATE UPPRAHALLI, BANGALORE-560004. …RESPONDENTS (BY SRI.IMRAN PASHA., ADVOCATE FOR C/RESONDENTS) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE CONDITION IMPOSED DIRECTING THE PETITIONERS TO DEPOSIT A SUM OF Rs.50.00 LAKH TOWARDS THE CLAIM AMOUNT WITHIN TWO WEEKS, MADE IN THE IMPUGNED ORDER DATED 27.01.2025 ON I.A NO.1 FILED UNDER SECTION 36(3) OF THE ARBITRATION AND CONCILIATION ACT, IN COMMERCIAL A.P NO.10/2025 ON THE FILE OF THE LXXXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-85) (COMMERCIAL COURTS), BENGALURU, AVAILABLE IN THE ORDER-SHEET OF THE SAID CASE PRODUCED AS ANNEXURE-F AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:6420 WP No. 4272 of 2025 CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. This petition under Article 227 of the Constitution of India is filed by the petitioners-plaintiffs challenging the order dated 11.02.2025 passed by the LXXXIV Additional City Civil and Sessions Judge, Bengaluru, in Com.A.P.No.10/2025. 2. The plaintiffs had filed Com.A.P.No.10/2025 to set- aside the Award dated 15.10.2024 passed by the learned Arbitrator in A.C.No.226/2023. Along with the plaint, the plaintiffs had also filed I.A.No.1 under Section 36(3) of the Arbitration and Conciliation Act for grant of an interim order of stay of operation of the award dated 15.10.2024. The Trail Court by order dated 27.01.2025 has partly allowed I.A.No.1 and stayed the operation of the award dated 15.10.2024, subject to plaintiffs depositing Rs.50 Lakhs within two weeks from the date of order. Since the plaintiffs failed to deposit Rs.50 Lakhs within two weeks, - 4 - NC: 2025:KHC:6420 WP No. 4272 of 2025 the interim order granted by the Trial Court came to be vacated by order dated 11.02.2025. Being aggrieved by the order dated 11.02.2025 passed by the Trial Court, the present petition is filed by way of amendment. 3. Be that as it may, now the petitioners-plaintiffs are ready to deposit Rs.50 Lakhs as directed by the Trial Court vide order dated 27.01.2025, if some reasonable time is granted by this Court. 4. In view of the above, the following order is passed: ORDER a) Writ petition is disposed of. b) The order dated 11.02.2025 passed by the Trial Court in Com.A.P.No.10/2025, is set aside. c) The petitioners-plaintiffs are directed to deposit a sum of Rs.25 Lakhs within four weeks from today and shall deposit another sum of Rs.25 Lakhs within next four weeks i.e., from the date of making the first deposit of Rs.25 Lakhs. - 5 - NC: 2025:KHC:6420 WP No. 4272 of 2025 d) It is made clear that this order will not come in the way of respondents to seek any directions from the Trial Court for implementation of the Arbitral order in accordance with law. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM List No.: 1 Sl No.: 2