- 1 - HC-KAR NC: 2025:KHC:26948-DB COMAP No. 277 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE DR. JUSTICE K.MANMADHA RAO COMMERCIAL APPEAL NO. 277 OF 2023 BETWEEN: SILVERLINE RESORTS PVT. LTD. A COMPANY REGISTERED UNDER THE PROVISIONS OF THE COMPANIES ACT 1956 HAVING REGISTERED OFFICE AT: No.57/1, MONARCH PLAZA, BRIGADE ROAD, BENGALURU-560 001 REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE, DAWOOD MOHAMMED, MANAGING DIRECTOR. …APPELLANT (BY Ms. MANEESH KONGOVI, ADVOCATE FOR SRI. ABHINAY V., ADVOCATE) AND: 1. PREMA V CHELVARAJ W/O LATE V. CHELVARAJ, AGED ABOUT 84 YEARS, R/AT FLAT NO.S-3, MONARCH RESIDENCE, NO.80, ST. JOHNS CHURCH ROAD, FRAZER TOWN, NEAR COLES PARK, BENGALURU-560005. Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:26948-DB COMAP No. 277 of 2023 2. SMT. ANDAL SHYAMSUNDER W/O LATE C. SHYAMSUNDER AGED ABOUT 56 YEARS, R/AT FLAT No.S-2, MONARCH RESIDENCE, NO.80, ST. JOHNS CHURCH ROAD, FRAZER TOWN, NEAR COLES PARK, BENGALURU-560 005 3. MS KRITHIKA SHYAMSUNDER W/O SRI DINESH KUMAR SELVARAJ, R/AT FLAT NO.S-2, MONARCH RESIDENCE, NO.80, ST. JOHNS CHURCH ROAD, FRAZER TOWN, NEAR COLES PARK, BENGALURU-560005 …RESPONDENTS THIS COMAP / COMMERCIAL APPEAL IS FILED UNDER SECTION 13(1A) OF THE COMMERCIAL COURTS ACT, 2015 R/W SECTION 37 OF ARBITRATION AND CONCILIATION ACT, PRAYING THAT THIS HON'BLE COURT BE PLEASED TO (a) CALL FOR THE LOWER COURT RECORDS IN COM.A.A.No.307/2022 FILED BEFORE THE LXXXIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (COMMERCIAL COURT DIVISION), BENGALURU (CCH-84). THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE DR. JUSTICE K.MANMADHA RAO - 3 - HC-KAR NC: 2025:KHC:26948-DB COMAP No. 277 of 2023 ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) The order under challenge is passed by the Commercial Court under Section 9 of the Arbitration and Conciliation Act, 1996. 2. It is submitted by the learned counsel for the appellant that an arbitrator has already been appointed and that the matter is being considered by the Arbitrator. 3. Accordingly, the appeal is disposed of. All the grounds and contentions of the parties are left open to be raised before the Arbitrator. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (DR.K.MANMADHA RAO) JUDGE RAK List No.: 1 Sl No.: 59