- 1 - HC-KAR NC: 2025:KHC:22363-DB COMAP No. 176 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JUNE, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE DR. JUSTICE K.MANMADHA RAO COMMERCIAL APPEAL NO. 176 OF 2023 BETWEEN: SMT. MEENAKSHI K.M. W/O LATE V. GOPINATH AGED ABOUT 45 YEARS R/AT. No.118, 3RD MAIN 7TH CROSS, MARUTHI NAGARA YELAHANKA BENGALURU-560 064 …APPELLANT (BY SMT. NAYANA TARA B.G., ADVOCATE) AND: 1. M/S. VGR PROPERTIES BEING A PARTNERSHIP FIRM HAVING ITS PLACE OF BUSINESS AT: No.34, GROUND FLOOR, SY No.4/5B PATEL LAYOUT, 10TH CROSS BALAGERE ROAD, VARTHUR BENGALURU-560 087 REPRESENTED BY ITS PARTNER MR. H.V. CHANDRASHEKAR 2. MR. H.V. CHANDRASHEKAR S/O H.V. VENUGOPAL REDDY AGED ABOUT 31 YEARS PARTNER M/S. VGR PROPERTIES Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:22363-DB COMAP No. 176 of 2023 HAVING HIS OFFICE AT No.34, GROUND FLOOR, SY No.4/5B PATEL LAYOUT, 10TH CROSS BALAGERE ROAD, VARTHUR BENGALURU-560 087 3. MR. PAVAN G. S/O LATE V. GOPINATH AGED ABOUT 21 YEARS PARTNER M/S. VGR PROPERTIES HAVING ITS OFFICE AT: No.34, GROUND FLOOR, SY No.4/5B PATEL LAYOUT, 10TH CROSS BALAGERE ROAD, VARTHUR BENGALURU-560 087 4. MS. PAVANASHREE G. D/O LATE V. GOPINATH AGED ABOUT 21 YEARS R/AT. BVG NILAYA OPPOSITE K K ENGLISH SCHOOL VARTHURU, GUNJUR MAIN ROAD BENGALURU-560 087 …RESPONDENTS (BY SRI. RAVIKUMAR T.K., ADVOCATE FOR R1 & R2; SRI. SHANKAR REDDY, ADVOCATE FOR R3 & R4) THIS COMAP / COMMERCIAL APPEAL FILED UNDER SECTION 13 (1-A) OF THE COMMERCIAL COURTS ACT R/W SECTION 37 OF THE ARBITRATION AND CONCILIATION ACT PRAYING THAT THIS HON'BLE COURT TO PLEASED TO (a) CALL FOR RECORDS IN COM.A.A.No.680/2022 ON THE FILE OF THE COURT OF THE LXXXVIII ADDL. CITY CIVIL AND SESSIONS JUDGE (EXCLUSIVE COMMERCIAL COURT) BENGALURU CITY (CCH 89) AND (b) SET ASIDE THE ORDER DATED 17.04.2023 PASSED IN COM.A.A.No.680/2022 BY THE COURT OF THE LXXXVIII ADDL. CITY CIVIL AND SESSIONS JUDGE (EXCLUSIVE COMMERCIAL COURT) BENGALURU CITY (CCH 89) (ANNEXURE-A) INSOFAR AS IT CONCERNS POINTS FOR CONSIDERATION No.2 AND ETC. - 3 - HC-KAR NC: 2025:KHC:22363-DB COMAP No. 176 of 2023 THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE DR. JUSTICE K.MANMADHA RAO ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) Heard the learned counsel appearing on either side. 2. It is submitted by the learned counsel appearing for the appellant that the interim order which was granted in this appeal on 09.05.2023 is still in force. It is submitted that prior to that, the appellant had the benefit of ad-interim ex-parte measure granted by the Commercial Court as early as on 17.12.2022. It is submitted that arbitration proceedings have already been initiated and that the matter is at the stage of cross-examination. 3. Having heard the learned counsel appearing on either side and in the peculiar facts and circumstance of the instant case, we are of the opinion that the appeal itself can be - 4 - HC-KAR NC: 2025:KHC:22363-DB COMAP No. 176 of 2023 disposed of directing that the interim measure granted shall continue till conclusion of the arbitration proceedings. 4. With the above said directions, the appeal is disposed of. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (DR.K.MANMADHA RAO) JUDGE PN List No.: 1 Sl No.: 7