- 1 - HC-KAR NC: 2025:KHC:19109-DB COMAP No. 307 of 2025 AND COMAP No. 308 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH 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. 307 OF 2025 AND COMMERCIAL APPEAL NO. 308 OF 2025 IN COMAP No. 307/2025 BETWEEN: 1. FLIPKART INTERNET PRIVATE LIMITED A COMPANY REGISTERED UNDER THE COMPANIES ACT, 2013 AND HAVING ITS REGISTERED OFFICE AT BUILDINGS ALYSSA, BEGONIA AND CLOVER EMABASSY TECH VILLAGE OUTER RING ROAD DEVARABEESANAHALLI VILLAGE BENGLAURU KARNATAKA - 560 103 INDIA …APPELLANT (BY SRI UDAYA HOLLA, SENIOR ADVOCATE FOR MS. MAITREYI B KANNUR, ADVOCATE) AND: 1. ECOM EXPRESS PRIVATE LIMITED A COMPANY REGISTERED UNDER THE COMPANIES ACT, 2013 AND HAVING ITS REGISTERED OFFICE Digitally signed by AMBIKA H B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:19109-DB COMAP No. 307 of 2025 AND COMAP No. 308 of 2025 AT MUSTATIL NO.14 KILLA NO.12/9, 19/1 20/1 GROUND FLOOR VILLAGE SAMALKHA DELHI - 110 037 INDIA …RESPONDENT (BY SRI V. SRINIVASAN RAGHAVAN, SENIOR ADVOCATE A/W SRI ARJUN RAO, ADVOCATE) THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 37 OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 22.05.2025 PASSED BY THE LD. CHH28 XIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, CITY CIVIL COURT COMPLEX, BENGALURU, IN COMMERCIAL ARBITRATION APPLICATION NO.5/2025. IN COMAP NO. 308/2025 BETWEEN: 1. INSTAKART SERVICES PRIVATE LIMITED A COMPANY REGISTERED UNDER THE COMPANIES ACT, 2013 AND HAVING ITS REGISTERED OFFICE AT BUILDINGS ALYSSA, BEGONIA AND CLOVER EMBASSY TECH VILLAGE OUTER RING ROAD DEVARABEESANAHALLI VILLAGE BENGALURU KARNATAKA - 560 103 INDIA ...APPELLANT (BY SRI UDAYA HOLLA, SENIOR ADVOCATE FOR MS. MAITREYI B KANNUR, ADVOCATE) - 3 - HC-KAR NC: 2025:KHC:19109-DB COMAP No. 307 of 2025 AND COMAP No. 308 of 2025 AND: 1. ECOM EXPRESS PRIVATE LIMITED A COMPANY REGISTERED UNDER THE COMPANIES ACT, 2013 AND HAVING ITS REGISTERED OFFICE AT MUSTATIL NO.14 KILLA NO.12/9, 19/1, 20/1 GROUND FLOOR VILLAGE SAMALKHA DELHI - 110 037 INDIA ...RESPONDENT (BY SRI K.G. RAGHAVAN, SENIOR ADVOCATE A/W SRI ARJUN RAO, ADVOCATE) THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 37 OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 22.05.2025 PASSED BY THE LD. CCH 28 XIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, CITY CIVIL COURT COMPLEX, BENGALURU, IN COMMERCIAL ARBITRATION APPLICATION NO.4/2025. THESE APPEALS, COMING ON FOR ORDERS, 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 these appeals is primarily to the order(s) dated 22.05.2025, whereby the Trial Court has not considered the interim prayer made by the appellants with regard to - 4 - HC-KAR NC: 2025:KHC:19109-DB COMAP No. 307 of 2025 AND COMAP No. 308 of 2025 securing the amounts, which are the subject matter of dispute between the parties. 2. We have been informed by Mr. Udaya Holla, learned Senior Counsel appearing for the appellants that the petitions under Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act of 1996' for short) are listed on 18.06.2025. 3. It is agreed by the learned Senior Counsel appearing for the parties that as the date of hearing before the Trial Court is 18.06.2025, appropriate shall be that a direction be given to the Trial Court to hear the parties on the petitions by advancing the date of hearing before the Trial Court by enabling the respondent herein to file response to the petitions under Section 9 of the Act of 1996. The learned Senior Counsel for the respondent state that they shall file their response to the petitions under Section 9 of the Act of 1996 on or before 09.06.2025. 4. If that be so, we grant three days' time i.e., till 12.06.2025 to the appellants herein to file rejoinder to the - 5 - HC-KAR NC: 2025:KHC:19109-DB COMAP No. 307 of 2025 AND COMAP No. 308 of 2025 response to be filed by the respondent. The petitions shall be listed before the Trial Court on 13.06.2025 when the Trial Court shall hear the learned counsel for the parties and decide the matters within one week thereafter. The learned Senior Counsel for the respondent have no objection if the interim order granted by this Court on 27.05.2025 is/are continued till the disposal of the petitions under Section 9 of the Act of 1996 by the Trial Court. 5. It is made clear that the Trial Court shall decide the petitions under Section 9 of the Act of 1996 without being influenced by the interim order passed by this Court on 27.05.2025. 6. The appeals are disposed of. Sd/- (V KAMESWAR RAO) ACTING CHIEF JUSTICE Sd/- (C M JOSHI) JUDGE AHB, List No.: 1 Sl No.: 1