- 1 - HC-KAR NC: 2025:KHC:49925 MFA No. 8747 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 8747 OF 2025 (RES) BETWEEN: M/S. EAGLESIGHT TELEMEDIA PVT LTD., BEING A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956 HAVING OFFICE AT NO. 68 1ST STAGE, 5TH PHASE, MAHAGANAPATHI NAGAR, 4TH MAIN, WOC ROAD, SHIVANAGAR, BENGALURU - 560 079. HAVING PRESENT OFFICE AT NO. 22, DK AND JK, NS IYENAGR STREET, SHESHADRIPURAM, BENGALURU - 560 020. REPRESENTED BY ITS PRESENT MANAGING DIRECTOR, SRI. H.L. SUNIL KUMAR, S/O. SRI. G. LOKESH …APPELLANT (BY SRI. SUNIL RAO, ADVOCATE) AND: 1. M/S. JS ASSOCIATES BEING AN ASSOCIATION OF PERSONS, HAVING THEIR OFFICE AT NO. 32/1-2, CRESCENT TOWERS, CRESCENT ROAD, HIGH GROUNDS, BENGALURU – 560 001. REPRESENTED BY SERIAL NO. 2 TO 8 2. SRI. VIKRAM BWAMY, S/O SRI. B.M. SWAMY, AGED ABOUT 52 YEARS, Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49925 MFA No. 8747 of 2025 3. SMT. VYDYANATHAN, D/O. SMT. PREMA KRISHNAN, AGED ABOUT 69 YEARS, 4. SMT. INDU KRISHNAN, D/O SMT. PREMA KRISHNAN, AGED ABOUT 63 YEARS, 5. SRI. AJIT NILAKANTAN, S/O . SMT. MALATHI NILAKANTAN, AGED ABOUT 61 YEARS, 6. SMT. JAYA BILAKANTAN D/O. SMT. MALATHI NILAKANTAN, AGED ABOUT 58 YEARS 7. SMT. ARUNA NILAKANTAN, D/0. SMT. MALATHI NILAKANTAN, AGED ABOUT 52 YEARS, 8. SRI. GAUTHAM KRISHNAN, S/O . SMT. PREMA KRISHNAN, AGED ABOUT 59 YEARS, RESPONDENT NOS. 2 TO 8 ARE HAVING THEIR OFFICE AT NO. 32/1-2, CRESCENT TOWERS, CRESCENT ROAD, HIGH GROUNDS, BENGALURU - 560 001. RESPONDENT NOS. 2 TO 8 ARE REPRESENTED BY THEIR GPA HOLDER SMT. LAKSHMI NILAKANTAN 9. SMT. LAKSHMI NILAKANTAN, D/O. SMT. MALATHI NILAKANTAN, AGED ABOUT 60 YEARS, RESIDING AT NO. 1, PEARL GARDENS VAJARAHALLI, KANAKAPURA ROAD, BENGALURU - 560 062. …RESPONDENTS - 3 - HC-KAR NC: 2025:KHC:49925 MFA No. 8747 of 2025 THIS MFA FILED U/W 37 OF THE ARBITRATION AND CONCILIATION ACT, 1956 AGAINST THE ORDER DT. 24.07.2025 PASSED IN COMAP.NO. 147/2024 ON THE FILE OF THE LXXXIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, COMMERCIAL COURT, BENGALURU CCH-84, DISMISSING THE PETITION U/S 34 OF THE ARBITRATION AND CONCILIATION ACT. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT The office has raised objection regarding maintainability of the appeal against the order passed by the Commercial Court. 2. This Court has issued Circular No.R(J) 65C/2017 dated 30.10.2017 that against the order passed by the Commercial Courts, commercial appeals be maintainable before the Division Bench of this Court. Therefore, in view of this, the appeal is not maintainable before this Court. 3. Therefore, the appeal is dismissed as not maintainable. - 4 - HC-KAR NC: 2025:KHC:49925 MFA No. 8747 of 2025 4. However, liberty is reserved to file a fresh appeal before the Division Bench as per the above said Circular. 5. The appellant is entitled for the benefit of Section 14 of the Limitation Act, 1963 excluding the period spent before this Court by filing the appeal. 6. Registry is directed to return the certified copy of the order. From the date of receipt of certified copy of the order enclosed within two days, the appellant is given liberty to file the appeal. SD/- (HANCHATE SANJEEVKUMAR) JUDGE PB List No.: 1 Sl No.: 21