- 1 - HC-KAR NC: 2025:KHC:40554-DB COMAP No. 179 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL COMMERCIAL APPEAL NO. 179 OF 2024 BETWEEN: M/S. ORANGE SELF STORAGE PRIVATE LIMITED HAVING ITS REGISTERED OFFICE AT NO. 107, ANDREW BUILDING, M.G. ROAD, BENGALURU-560 001, REPRESENTED BY ITS DIRECTOR, MR. GANAPATHI MALA JOSHY. …APPELLANT (BY SRI. SIDDHARTH SUMAN, ADVOCATE) AND: 1. SRI. ABHAYARAJ SHETTY AGED ABOUT 52 YEARS, S/O. LATE B. RAMANATH SHETTY, RESIDING AT 'PRAKRUTI', RAGHUVANAHALLI VILLAGE, UTTARAHALLI, BANGALORE SOUTH TALUK, BENGALURU-560 061. 2. SRI. SANJAY SHETTY AGED ABOUT 45 YEARS, S/O. LATE B. RAMANATH SHETTY, Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:40554-DB COMAP No. 179 of 2024 RESIDING AT 'PRAKRUTI', RAGHUVANAHALLI VILLAGE, UTTARAHALLI, BANGALORE SOUTH TALUK, BENGALURU-560 061. 3. SMT. JYOTHI AGED ABOUT 72 YEARS, W/O. LATE B. RAMANATH SHETTY, RESIDING AT 'PRAKRUTI', RAGHUVANAHALLI VILLAGE, UTTARAHALLI, BANGALORE SOUTH TALUK, BENGALURU-560 061. 4. SMT. BHARATHI SHETTY AGED ABOUT 62 YEARS, D/O. LATE B. RAMANATH SHETTY, RESIDING AT FLAT NO. 301, SALAPURIA ARISTOCRACY, NO.76, 14TH CROSS, BEHIND SIDOOR CONVENTION CENTER, J. P. NAGAR, 1ST PHASE, BENGALURU-560 078. …RESPONDENTS (BY SRI. B. RAVINDRA PRASAD, ADVOCATE) THIS APPEAL IS FILED UNDER SECTION 13(1)(A) OF THE COMMERCIAL COURTS ACT, 2015 UNDER SECTION 37(1)(B) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO (A) SET ASIDE THE ORDER DATED 14.03.2024 PASSED BY THE COURT OF THE HONBLE LXXXIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BANGALORE (CCH 84), (COMMERCIAL DIVISION) IN COM.A.A. NO. 571/2022 AND ETC. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:40554-DB COMAP No. 179 of 2024 CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) Heard the learned counsel appearing on either side. 2. This appeal is filed against an order dismissing Section 9 application preferred by the appellant herein. Learned counsel appearing for the respondents submits that arbitration has commenced and the very same request is made by the appellant by filing an application before the Arbitrator under Section 17 of the Arbitration and Conciliation Act, 1996. 3. It is submitted by the learned counsel for the appellant that observations have been made by the Court while dismissing the Section 9 application and that the appellant will be prejudiced in its application before the arbitrator due to the said findings. - 4 - HC-KAR NC: 2025:KHC:40554-DB COMAP No. 179 of 2024 4. Having considered the contentions advanced, we are of the opinion that in view of the fact that Arbitration has commenced and that the appellant has already approached the Arbitrator an application under Section 17 of the Arbitration and Conciliation Act, this appeal is not maintainable. The appeal therefore fails, the same is accordingly dismissed. However, the learned arbitrator shall consider the application on its merits and all contentions of the parties are left open. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE RAK List No.: 1 Sl No.: 10