- 1 - HC-KAR NC: 2025:KHC:54356-DB COMAP No. 573 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF DECEMBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA COMMERCIAL APPEAL NO. 573 OF 2025 BETWEEN: SH.RAVINDER KUMAR CHAUHAN AGED ABOUT 55 YEARS, S/O, HARI RAM CHAUHAN RES, AT 16, LAXMAN VIHAR 1, MAHAVEER SUWALKA, TENT KE PICHE, KUNHADI SHAMBHOOPURE, KOTA, RAJASTHAN 324008 …APPELLANT (BY SRI. KARTIK RAI, ADVOCATE FOR SRI. PONNANNA M B, ADVOCATE) AND: M/S SORTING HAT SOLUTIONS PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 2013 HAVING ITS REGISTERED ADDRESS AT 11/1, 12/1, MARUTHI INFOTECH CENTRE, 5TH FLOOR, A BLOCK, DOMLUR, KORAMANGALA, INNER RING ROAD, BANGALORE-560071 Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:54356-DB COMAP No. 573 of 2025 REP BY ITS AUTHORIZED SIGNATORY HARISH SASIKUMAR …RESPONDENT (BY SRI. DHANANJAY V JOSHI, SERNIOR ADVOCATE A/W SRI. KASHYAP N NAIK, ADVOCATE) THIS COMAP IS FILED UNDER SECTION 13 (1A) OF THE COMMERCIAL COURTS ACT, 2015 PRAYING TO ALLOW THE APPEAL AND SET ASIDE THE ORDER DATED 16.09.2025, PASSED BY LXXXIII, ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, COMMERCIAL COURT, BENGALURU (CCH-84) IN COM.A.A.NO.75/2025. 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. POONACHA ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The appellant has filed the present appeal under Section 37(1)(b) of the Arbitration and Conciliation Act [A&C Act] and Section 13(1A) of the Commercial Courts Act, 2015 impugning an order dated 16.09.2025 [impugned order] passed by the learned Commercial Court in Com.AA.No.75/2025. The respondent had filed the said petition under Section 9 of the A&C Act seeking interim measures of protection. - 3 - HC-KAR NC: 2025:KHC:54356-DB COMAP No. 573 of 2025 2. The parties had entered into an agreement (Educator Agreement dated 14.06.2022) whereby the appellant was engaged as an Educator to teach the students enrolled on the respondent's platform. The said agreement provided for lock-in period of three years. It is the respondent's case in the Commercial Court that the appellant had breached the said agreement and in the said context, disputes have arisen between the parties. The learned Commercial Court had passed the impugned order, the operative part of which reads as under: ORDER. The Petition under Section 9 of the Arbitration and Conciliation Act is partly allowed. Temporary injunction is granted restraining the Respondent from utilizing in any manner or delivering to third parties in any manner any “educator content” as defined under the Educator Agreement dated 14-06-2022 (effective date 11-06-2022). Further, Respondent is directed to furnish security before this Court for sum of Rs 51,20,143/= within 3 months from today, failing which petitioner is at liberty to seek freezing of bank account of the Respondent for the said sum. Both sides are permitted to file necessary application to take the case on board for the above purpose, with advance notice to the other side. It is made clear that the above interim orders shall be in force initially only for a period of 90 days from today. Within 90 days from today, if the petitioner takes steps for initiating arbitration by filing CMP under Section 11 of the Arbitration and Conciliation Act before Hon'ble High Court of Karnataka, then, the above interim orders shall continue till - 4 - HC-KAR NC: 2025:KHC:54356-DB COMAP No. 573 of 2025 conclusion of the contemplated arbitral proceedings. Else, the above interim orders shall stand immediately vacated on expiry of 90 days from today. Ordered accordingly. Office to issue soft-copy of this order, to the parties, by email, if furnished. 3. The appellant preferred the present appeal assailing the said order. This Court had passed an ad interim order dated 30/10/2025 staying the order passed by the learned Commercial Court insofar as it directs the appellant to deposit a sum of Rs.51,20,143/- and other attendant directions. 4. Learned counsel for the parties state that an Arbitral Tribunal has since been constituted and the parties can thus approach the Arbitral Tribunal for appropriate orders including for interim measures of protection under Section 17 of the A&C Act. They state that the interim order be set aside and the parties be relegated to avail of their remedies before the Arbitral Tribunal. 5. In view of the aforesaid submissions made by the counsel for the parties, the impugned order is set aside. The parties are relegated to the Arbitral Tribunal. The respondent is at liberty to seek any interim measures of protection. If any such application is - 5 - HC-KAR NC: 2025:KHC:54356-DB COMAP No. 573 of 2025 made, the same be considered afresh uninfluenced by the impugned order or the interim orders passed by this Court. 6. All rights and contentions of the parties are reserved. 7. The appeal is, accordingly disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE ND List No.: 1 Sl No.: 0