- 1 - NC: 2025:KHC:9096-DB COMAP No. 193 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF MARCH, 2025 PRESENT THE HON'BLE MR JUSTICE V KAMESWAR RAO AND THE HON'BLE MR JUSTICE T.M.NADAF COMMERCIAL APPEAL NO. 193 OF 2023 BETWEEN: MR.P.H. RAO, S/O LATE MR.P. NARAYANA RAO, AGED ABOUT 76 YEARS, RESIDING AT: FLAT NO.10, NEELAMBARI APARTMENTS, 40/45, RUKMINI ROAD, BESANT NAGAR, CHENNAI-600 090. …APPELLANT (BY SRI.HARSHA GUPTA ADVOCATE FOR SMT.MANEESHA KONGOVI, ADVOCATE) AND: MS. DARSHANA PATEL, D/O LATE MR. ARVIND PATEL, AGED ABOUT 39 YEARS, RESIDING AT FLAT NO.04, RATHNALAYAM APARTMENTS AGA ABBAS ALI ROAD, ULSOOR, BANGALORE-560041 AND OFFICE AT: SIGNA DESIGN, 17, WOOD STREET, G1, Digitally signed by K G RENUKAMBA Location: High Court of Karnataka - 2 - NC: 2025:KHC:9096-DB COMAP No. 193 of 2023 CASA CAPITAL, ASHOK NAGAR, BANGALORE-560025. …RESPONDENT (BY SRI. VINOD Y., ADVOCATE) THE ADVOCATE FOR THE APPELLANT HAS FILED THE ABOVE COMMERCIAL APPEAL (COMAP) UNDER SECTION 13 (1A) OF THE COMMERCIAL COURTS ACT, 2015 R/W SECTION 37 OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING THIS HONBLE COURT TO CALL FOR RECORDS; SET ASIDE THE ORDER DATED 24/03/2023 PASSED BY THE HONBLE LXXXVIII ADDL. CITY CIVIL AND SESSIONS JUDGE, COMMERCIAL COURT, BENGALURU (CCH-89) IN COM A.A. NO. 360/2022 AND CONSEQUENTLY, ALLOW COM A.A. NO. 360/2022 AND DIRECT THE RESPONDENTS TO BEAR THE COSTS OF THESE PROCEEDINGS, ETC. THIS APPEAL COMING ON FOR ADMISSION ALONG WITH IA NO.1/2023 FOR STAY THIS DAY, THE JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE V KAMESWAR RAO AND HON'BLE MR JUSTICE T.M.NADAF ORAL JUDGMENT (PER: HON'BLE MR JUSTICE V KAMESWAR RAO) Mr. Vinod Y. states that, he has filed vakalath for the respondent after taking NOC from the previous counsel Mr. H.V. Praveen Gowda. 2. The challenge in this appeal is to an order dated 24.03.2023 passed by the Court of LXXXVIII Additional City - 3 - NC: 2025:KHC:9096-DB COMAP No. 193 of 2023 Civil and Sessions Judge (Exclusive Commercial Court), Bengaluru City, in COM.A.A. No.360/2022, whereby the application filed by the appellant herein under Section 9 of the Arbitration and Conciliation Act 1996, has been dismissed by the learned Sessions Judge. 3. Today, we have been informed by Sri. Harsha Gupta, the counsel appearing for the appellant and Sri. Vinod Y., the counsel appearing for the respondent that, a learned Arbitrator has been appointed by this Court in COM.A.A.360/2022 and he is seized of the dispute. 4. If that be so, appropriate be liberty is granted to the appellant to file such application as deem appropriate before the learned Arbitrator for his decision. 5. The aforesaid is agreeable to the learned counsel for the appellant and the respondent. The learned counsel for the appellant states, he shall withdraw the appeal and file an appropriate application as deem appropriate before the learned Arbitrator for his consideration and decision. He states, any decision on the application by the learned Arbitrator should be - 4 - NC: 2025:KHC:9096-DB COMAP No. 193 of 2023 without being influenced by the impugned order which has been challenged in this appeal. 6. This submission of the learned counsel for the appellant is agreeable to Mr. Vinod, the counsel appearing for the respondent. 7. We accordingly dismiss the present appeal as withdrawn, with liberty to the appellant to file application with such prayer as deem appropriate for the consideration of the learned Arbitrator, who shall decide the same in accordance with law, without being influenced by the impugned order. 8. In view of dismissal of the appeal, IA No.1/2023 for stay do not survive and dismissed as infructuous. Sd/- (V KAMESWAR RAO) JUDGE Sd/- (T.M.NADAF) JUDGE KGR List No.: 1 Sl No.: 17