- 1 - HC-KAR NC: 2025:KHC:27486-DB COMAP No. 243 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C M JOSHI COMMERCIAL APPEAL NO. 243 OF 2025 BETWEEN: MEDIA. NET SOFTWARE SERVICES (INDIA) PRIVATE LIMITED, A COMPANY INCORPORATED AND REGISTERED UNDER THE PROVISIONS, HAVING CIN U72300MH2011PTC223273 AND HAVING ITS REGISTERED OFFICE AT B WING, ACME I-TECH PARK, DIRECTIPLEX, OLD NAGARDAS ROAD, ANDHERI (E), MUMBAI - 400 069, REPRESENTED BY ITS AUTHORISED SIGNATORY MR. R. MOHANAKRISHNAN. ALSO AT: 2ND FLOOR THE LEELA GALLERIA, THE LEELA PALACE BANGALORE NO. 23, OLD AIRPORT ROAD BANGALORE, BENGALURU RURAL, KARNATAKA - 560 008. …APPELLANT (BY SRI. PRADEEP NAYAK, ADVOCATE) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:27486-DB COMAP No. 243 of 2025 AND: SCHLOSS BANGALORE PRIVATE LIMITED A COMPANY INCORPORATED AND REGISTERED UNDER THE PROVISIONS OF THE COMPANIES ACT 2013, HAVING CIN U55029DL2019PTC347492 AND HAVING ITS REGISTERED OFFICE AT THE LEELA PALACE, DIPLOMATIC ENCLAVE AVENUE, AFRICA AVENUE, NETAJAI NAGAR SOUTH DELHI, NEW DELHI - 110 023. ALSO AT NO. 23, OLD AIRPORT ROAD THE LEELA PALACE, OLD AIRPORT ROAD KODIHALLI, BENGALURU, (BANGALORE) URBAN, KARNATAKA - 560 008. …RESPONDENT (BY SRI. SHRISH KRISHNA, ADVOCATE) THIS COMAP / COMMERCIAL APPEAL IS FILED UNDER SECTION 13(1A) OF THE COMMERCIAL COURTS ACT, 2015 PRAYING TO PARTIALLY SET ASIDE THE ORDER DATED 17.04.2025 ALONG WITH ITS DAILY ORDERS PASSED BY THE LEARNED LXXXVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, COMMERCIAL COURT AT BENGALURU (CCH 88) IN COM.AA NO. 87/2025 PRODUCED AT ANNEXURE-A IN SO FAR AS IT REJECTS THE PRAYERS SOUGHT FOR BY THE APPELLANT IN THE ARBITRATION APPLICATION AND THAT IT PERMITS THE RESPONDENT TO ENCASH THE ARREARS OF RENT DEPOSITED BY THE APPELLANT IN THE HONBLE COMMERCIAL COURT VIDE MEMO DATED 17.04.2025 AND TO CONSEQUENTIALLY ALLOW THE PRAYERS AS SOUGHT FOR IN COM.A.A.NO.87/2025. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:27486-DB COMAP No. 243 of 2025 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) The appellant has filed the present appeal under Sec.37(1)(b) of the Arbitration and Conciliation Act, 1996 impugning the order dated 17.04.2025 passed by learned Commercial Court in COM.AA NO. 87/2025 captioned MEDIA.NET SOFTWARE SERVICES (INDIA) PRIVATE LIMITED VS. SCHOOLS BANGALORE PRIVATE LIMITED. The said petition for interim measure was dismissed by the learned Commercial Court. However, the learned Commercial Court also directed the respondent to complete the construction work on or before 30.08.2025. 2. The appellant had filed the said petition under Sec.9 of Arbitration and Conciliation Act, 1996 inter alia praying as under: "(a) to direct the Respondent to halt all ongoing civil works in the Building and the Schedule Premises during the Applicant's office hours, which is from 10.30 AM to 10.30 PM IST from Monday to Friday; - 4 - HC-KAR NC: 2025:KHC:27486-DB COMAP No. 243 of 2025 (b) to direct the Respondent to ensure that the Building as well as the Schedule Premises are safe and peaceful and are fit for the Applicant's use, occupation and enjoyment as per the Lease Agreement; (c) to direct the Respondent to provide the Applicant direct and unrestricted access to the Schedule Premises from the ground floor lobby of the Building; and (d) to direct the Respondent to ensure daily cleaning and maintenance of the sewage facility to ensure that the Building's basement has no sewage related issues". 3. In so far as the appellant's prayer regarding halting of civil works is concerned, learned counsel for the appellant submits that much water is flown under the bridge. Given the directions issued by the learned Commercial Court to complete the work by 30.08.2025; the appellant does not wish to press the said relief. In view of the above, no orders are required to be passed in the present appeal except to direct the amount deposited by the appellant in the Registry of Commercial Court be refunded to the appellant. - 5 - HC-KAR NC: 2025:KHC:27486-DB COMAP No. 243 of 2025 We clarify that all rights and contentions of the parties are reserved. Nothing stated in the interim orders passed by this court shall preclude the parties from advancing such contentions as advised, before the Arbitral Tribunal. The appeal is disposed of in the above said terms. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C M JOSHI) JUDGE SNB List No.: 1 Sl No.: 26