- 1 - HC-KAR NC: 2025:KHC:29329-DB MFA No. 3555 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH 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. 3555 OF 2025 (AA) BETWEEN: SRI GIRISH M, AGED ABOUT 33 YEARS, S/O.MR.A.MANJUNATH, R/AT K.G. LAKKENAHALLI VILLAGE, DASANAPURA HOBLI, LAKSHMIPURA POST, BANGALORE- 562 162. …APPELLANT (BY SRI VENUGOPALA M S, ADVOCATE) AND: 1. MR N.H.GOWDA, S/O NAGALINGAPPA, AGED ABOUT 36 YEARS, R/AT NO. 15, NEAR PATALAMMA TEMPLE, DASANAPURA HOBLI, LAKSHMIPURA, BANGALORE- 562 123. 2. MR. RANGARAMA, AGED ABOUT 50 YEARS, S/O. GANGAPPA, R/AT NO.71, NEAR MARIKAMBHA TEMPLE, KATHRIGUPPE, BANASHANKARI 3RD STAGE, BANGALORE -560 085. 3. SMT. REKHA K.N., Digitally signed by NANDINI R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29329-DB MFA No. 3555 of 2025 AGED ABOUT 38 YEARS, W/O. SHIVAKUMAR. D, R/AT NO. 40, 1ST CROSS, 1ST MAIN ROAD, SOUNDARYA LAYOUT, SIDEDAHALLI, BANGALORE NORTH-560 072. 4. M/S. NORTH CITY VENTURES, A REGISTERED PARTNERSHIP FIRM, HAVING ITS OFFICE AT: SY NO. 9/2 AND 62, KG LAKKENAHALLI, LAKSHMIPURA POST, DASANAPURA HOBLI, BANGALORE-562 123. …RESPONDENTS (BY SRI PRASHANTH KUMAR D, ADVOCATE FOR R-1; MS. ANUSHKA, ADVOCATE FOR SRI VIJAY.B.K, ADVOCATE FOR R-2 TO 4) THIS MFA IS FILED U/S.37(1)(b) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO SET ASIDE THE ORDER DATED 03.05.2025 PASSED ON IA NO.1 IN A.A.NO.5/2025 ON THE FILE OF THE PRL. DISTRICT AND SESSIION JUDGE, BENGALURU RURAL, FILED U/S.9 OF THE ARBITRATION AND CONCILIATION ACT, 1996. THIS APPEAL, COMING ON FOR ADMISSION, 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. Appellant has filed the present appeal under Section 37(1)(b) of the Arbitration and Conciliation Act, 1996 [A&C Act] impugning an order of the learned Commercial - 3 - HC-KAR NC: 2025:KHC:29329-DB MFA No. 3555 of 2025 Court adjourning the appellant's application for interim measures under Section 9 of the A&C Act. It is the appellant's case that the order to defer the said application for interim measures would amount to declining the same and as such the appellant would be entitled to agitate his relief for interim measures in the present appeal. 2. It is noted that the application filed by the appellant under Section 9 of the A&C Act was listed before the learned Commercial Court on 03.05.2015 and was deferred as the learned Commercial Court did not find time to go through the records. The court also noted that the application was moved on the last working day prior to the Court closing for vacation. The said impediment does not arise now. We also note that the appellant's application under Section 9 A&C Act has not been disposed of by the Commercial Court. 3. In view of the above, we dispose of the present appeal by requesting the learned Commercial Court to - 4 - HC-KAR NC: 2025:KHC:29329-DB MFA No. 3555 of 2025 consider the appellant's application under Section 9 of the A&C Act as expeditiously as possible. 4. The interim orders restraining the respondents from damaging the subject property shall continue to operate till the disposal of the appellant's application under Section 9 of the A&C Act. The present appeal is disposed of in the aforesaid terms. 5. The parties are also at liberty to bring further developments to the notice of the learned Commercial Court. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C M JOSHI) JUDGE NR/- List No.: 1 Sl No.: 35