- 1 - HC-KAR NC: 2025:KHC:44128-DB COMAP No. 528 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA COMMERCIAL APPEAL NO. 528 OF 2025 BETWEEN: MRS SHRADDHA RATHI AGED ABOUT 50 YEARS. WIFE OF MR. SUSHEEL RATHI, RESIDING AT NO. 18A, BINNY CRESCENT APARTMENTS, NO. 16, BENSON CROSS ROAD, BENSON TOWN, BENGALURU 560046. …APPELLANT (BY SMT. POORNIMA HATTI, ADVOCATE) AND: 1. LANDMARK HOMES PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 WITH ITS REGISTERED OFFICE AT, D-1, CASA LAVELLE-1, LAVELLE ROAD CROSS, BENGALURU 560001. REPRESENTED BY ITS DIRECTOR, MS. ANJANA MANISH CHANDAK. RESIDING AT A-3, 702 WHITE HOUSE, 6TH MAIN, 15TH CROSS, RT NAGAR, Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44128-DB COMAP No. 528 of 2025 BENGALURU - 5600032. 2. MR. MANISH CHANDAK AGED ABOUT 56 YEARS, SON OF DR. GIRISH CHANDAK, RESIDING AT A-3, 702 WHITE HOUSE, 6TH MAIN, 15TH CROSS, RT NAGAR, BENGALURU 5600032. 3. MS. ANJANA CHANDAK AGED ABOUT 54 YEARS, WIFE OF MR. MANISH CHANDAK. RESIDING AT A-3, 702 WHITE HOUSE, 6TH MAIN, 15TH CROSS, RT NAGAR, BENGALURU 5600032. 4. MR. VADITH TAPADIA AGED ABOUT 42 YEARS, SON OF MR. VENU GOPAL TAPADIA. RESIDING AT 59-7-18 MYTHIRI RESIDENCY, KUNCHUKOTA VARI STREET, BHASYAM PUBLIC SCHOOL LANE, GAYATRI NAGAR, VIJAYWADA 520008. …RESPONDENTS (BY SRI. DHANANJAY V JOSHI, SENIOR ADVOCATE A/W SRI. SWAROOP S, ADVOCATE FOR C/R2) THIS COMAP IS FILED U/S. 13(1A) OF THE COMMERCIAL COURTS ACT PRAYING TO SET ASIDE THE FINAL ORDER DATED 25.09.2025 (ANNEXURE -A) PASSED BY THE HONBLE LXXXIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, COMMERCIAL COURT, BENGALURU (CCH-90) IN COMMERCIAL ARBITRATION APPLICATION NO.153 OF 2025, AND CONSEQUENTLY ALLOW THE RELIEFS SOUGHT IN COMMERCIAL ARBITRATION APPLICATION NO.153 OF 2025 AND ETC. - 3 - HC-KAR NC: 2025:KHC:44128-DB COMAP No. 528 of 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 the order dated 25.9.2025 [impugned order] passed by the LXXXIX Additional City Civil and Sessions Judge, Commercial Court, Bengaluru (CCH-90) in Com.A.A.No.153/2025. The appellant had filed the said application under Section 9 of the A&C, inter alia, praying as under: (a) Direct the Respondents to secure the amount received from the sale of the plots in the Schedule property, if any, by depositing it before this Hon'ble Court in an interest-bearing account or in any other form that the Hon'ble Court deems fit till the conclusion of the arbitration proceedings between the Applicant and the Respondents; (b) Direct the Respondents to provide the complete account of Landmark Casa-Hanka from 06.06.2013 to date; - 4 - HC-KAR NC: 2025:KHC:44128-DB COMAP No. 528 of 2025 (c) Direct the Respondents to provide the current status and terms of the sale of the plots in the Schedule Property to third parties including the e-Khatas; (d) Such other interim measures of protection as may be deemed necessary, just, and fair, in the circumstances, in the interest of justice and equity. 2. Learned counsel for the appellant further submits that the prayer clause was amended and the appellant also sought an order restraining the respondents from alienating any of the plots in the schedule property till the commencement of the arbitration proceedings between the appellant and the respondents. 3. The undisputed facts are that the appellant was a partner of a firm named as 'Landmark Casa-Hanka (PAN: AAEFL9051G). The said firm was constituted between the appellant and M/s Landmark Homes Private Limited. The said firm had entered into a Joint Development Agreement (JDA) dated 19.12.2023 with certain persons owning parcel of residentially converted lands falling in Sy.Nos.61/10 and 61/11 measuring 0-38 guntas located in Harohalli village, Yelahanka Hobli, Bengaluru North Taluk, more specifically described in the schedule to the JDA. In terms of the said agreement, the land owners agreed to transfer 65% of the - 5 - HC-KAR NC: 2025:KHC:44128-DB COMAP No. 528 of 2025 developed property and the remaining 35% would vest with the owners. 4. This Court is informed that the Company - M/s Landmark Homes Private Limited – which is one of the constituent partners of the registered firm has since been dissolved. Respondent No.2 at the material time was a Director of the Landmark Homes Private Limited, who was purportedly carrying on the obligations of the firm under the JDA. 5. As is apparent, the appellant who is the partner of the said firm and respondent No.2 have some disputes. 6. Learned Senior Counsel appearing for respondent No.2 submits that the firm had been reconstituted and the work of the JDA is now being carried on by the reconstituted firm. 7. However, there is nothing on record to indicate that the firm has been reconstituted. There is no document on record to indicate that the appellant has retired or resigned from the firm. There is also no document on record that would entitle respondent No.2 to exclusively appropriate the assets of the firm. However, there appears to be some disputes as far as execution of the project under the JDA is concerned. - 6 - HC-KAR NC: 2025:KHC:44128-DB COMAP No. 528 of 2025 8. After some arguments, learned counsel appearing for the parties agree that the interim order restraining the respondents from transferring, alienating or in any manner dealing with the properties involved in the JDA be continued, till the appellant's application under Section 17 of the A & C Act, is decided by the Arbitral Tribunal. It is so directed. 9. Having stated above, we also request the learned Arbitral Tribunal to dispose of the application under Section 17 of the A and C Act, as expeditiously as possible, considering that any delay would have a bearing on the execution of the project and may adversely affect interests of third parties. 10. The appeal is disposed of with the aforesaid observations. 11. Pending applications, if any, also stand disposed of. SD/- (VIBHU BAKHRU) CHIEF JUSTICE SD/- (C.M. POONACHA) JUDGE ND List No.: 1 Sl No.: 30