- 1 - HC-KAR NC: 2025:KHC:18701-DB COMAP No. 157 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JUNE, 2025 PRESENT THE HON'BLE MR V KAMESWAR RAO, ACTING CHIEF JUSTICE AND THE HON'BLE MR JUSTICE C M JOSHI COMMERCIAL APPEAL NO. 157 OF 2025 BETWEEN: 1. SMT. M. K. MANGALAMBA W/O. SHRI B.S. SRINIVAS AGED ABOUT 68 YEARS RESIDING AT NO.11, SBM COLONY, BANGALORE - 560 050. …APPELLANT (BY SRI. VIKRAM HUILGOL, SENIOR ADVOCATE A/W SRI. NARAYAN BABU D.N, ADVOCATE) AND: 1. SRI LAKSHMI DEVELOPERS A PROPRIETORSHIP CONCERN HAVING ITS OFFICE AT NO.24, CHINNAPPA NAIDU LAYOUT, BANASHANKARI 2ND STAGE, BANGALORE - 560 085. REPRESENTED BY ITS PROPRIETOR SHRI M. RAVISHANKAR S/O LATE M. MAHADEVAPPA …RESPONDENT THIS COMAP FILED UNDER SEC. 13(1-A) OF COMMERCIAL COURTS ACT, 2015, PRAYING TO ALLOW THE APPEAL AND SET ASIDE THE ORDER DATED 10.03.2025, PASSED IN COM.A.A. NO.126/2025 BEFORE THE LXXXVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, COMMERCIAL COURT, BENGALURU (CCH-88) (AT ANNEXURE- A) AND ETC., Digitally signed by PRABHAKAR SWETHA KRISHNAN Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:18701-DB COMAP No. 157 of 2025 THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR V KAMESWAR RAO, ACTING CHIEF JUSTICE and HON'BLE MR JUSTICE C M JOSHI ORAL JUDGMENT (PER: HON'BLE MR V KAMESWAR RAO, ACTING CHIEF JUSTICE) The challenge in this appeal is to the order dated 10.03.2025, whereby the Trial Court, while considering the application filed by the appellant under Section 9 of the Arbitration and Conciliation Act, 1996, had issued notice on I.A.No.1, which is the application seeking injunction against the respondent herein, returnable on 28.04.2025. 2. We have been informed by Mr. Vikram Huilgol, learned Senior Counsel appearing for the appellant that as notice to the respondent could not be served on 28.04.2025, the application has adjourned to 26.06.2025. He presses the appeal by stating that if there is no interim order granted, the application under Section 9 shall become infructuous. - 3 - HC-KAR NC: 2025:KHC:18701-DB COMAP No. 157 of 2025 3. Having heard the learned Senior Counsel for some time, we are of the view that as the Trial Court is seized of the application, it is the Trial Court which should consider the prayer of the appellant. 4. We accordingly deem it fit to issue notice to the respondent returnable by 16.06.2025 before the Trial Court for the appearance of the respondent. 5. Notice of this Court shall additionally be served on the respondent through hand summons for appearance of the respondent before the Trial Court on 16.06.2025. If the notice is effected for the date fixed i.e., 16.06.2025, then the Trial Court shall proceed to hear I.A.1 and decide the same in accordance with law. If the notice is not served, the Trial Court shall be at liberty to re-notify the matter for the date already fixed i.e., 26.06.2025. 6. The appeal is disposed of. - 4 - HC-KAR NC: 2025:KHC:18701-DB COMAP No. 157 of 2025 In view of disposal of the appeal, pending interlocutory applications, if any, do not survive for consideration and they stand accordingly disposed of. Sd/- (V KAMESWAR RAO) ACTING CHIEF JUSTICE Sd/- (C M JOSHI) JUDGE KPS List No.: 1 Sl No.: 34