- 1 - HC-KAR NC: 2025:KHC:28961-DB MFA No. 5462 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C M JOSHI MISCELLANEOUS FIRST APPEAL NO. 5462 OF 2025 (AA) BETWEEN: 1. DR. ANUPAMA V AGED ABOUT 52 YEARS RESIDING AT NTI HOUSING CO-OPERATIVE SOCIETY LIMITED PHASE I, RAJIV GANDHI NAGAR KODIGEHALLI BENGALURU - 560 092 … APPELLANT (BY SRI. KARAN GUPTA, ADVOCATE) AND: 1. KIDS CLINIC INDIA LIMITED A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE ADDRESS AT NO.1533 9TH MAIN, 3RD BLOCK JAYANAGAR BENGALURU - 560 011 THROUGH ITS AUTHORIZED SIGNATORY MR. HANUMANTAGOUDA … RESPONDENT (BY SMT. ARCHANA. K.M, ADVOCATE) Digitally signed by AMBIKA H B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:28961-DB MFA No. 5462 of 2025 THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 37(1)(B) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO SET ASIDE THE ORDER DT.15.07.2025 PASSED ON IA NO.1/2025 IN A.A.NO.25366/2025 ON THE FILE OF THE LXXIV ADDITIONAL CITY CIVIL AND SESSIONS COURT, BENGALURU, FILED UNDER SECTION 9 OF THE ARBITRATION AND CONCILIATION ACT, 1996. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C M JOSHI ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The appellant has filed the present appeal impugning an order dated 15.07.2025 passed by the learned Commercial Court under Section 9 of the Arbitration and Conciliation Act, 1996 restraining the appellant from tendering her resignation and further, restraining her from providing services other than in the respondent's company during the subsistence of the lock-in period under the agreement dated 04.10.2023. 2. The impugned order is an ex parte order. The same has been stayed by this Court by an ad-interim order dated 23.07.2025. The said order reads as follows: - 3 - HC-KAR NC: 2025:KHC:28961-DB MFA No. 5462 of 2025 "1. Learned counsel Smt. K.M. Archana, for the respondent is present and Caveat is discharged. 2. The operative part of the impugned interim order restrains the appellant from providing services other than in the respondent's company during the lock-in period and the subsistence of the agreement dated 04.10.2023 till the next date of hearing. 3. Prima facie, we need to appreciate the irreparable loss or damage that may be caused to the respondent. We also note that the impugned order does not contain any discussion as to the three essential conditions for granting interim measures, namely, the irreparable loss and balance of convenience. There is no discussion regarding two of the three which are relevant for passing interim orders. In view of the above, the interim order is stayed till the next date of hearing. 4. Objections, if any, be filed before the next date of hearing, by serving the same on the counsel for the appellant on or before 26.07.2025. 5. Rejoinder, if any, be filed before the next date of hearing. 6. List on 28.07.2025." 3. The learned counsel appearing for the respondent fairly states that the impugned order may be set aside while reserving the rights of the respondent to agitate all disputes before the concerned forum, including seeking interim measures of protection. - 4 - HC-KAR NC: 2025:KHC:28961-DB MFA No. 5462 of 2025 4. In view of the above, the ex parte impugned order is set aside. All rights and contentions of the parties are reserved. 5. The appeal is disposed of in the aforesaid terms. 6. All pending applications also stand disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C M JOSHI) JUDGE AHB List No.: 1 Sl No.: 73