- 1 - HC-KAR NC: 2025:KHC:51758-DB COMAP No.584/2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF DECEMBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL COMMERCIAL APPEAL NO.584/2025 BETWEEN: 1. M/S. ITALIX LIVING SPACES PRIVATE LTD (CIN U45500KA2018PTC115146) A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 2013 HAVING ITS REGISTERED OFFICE AT NO.38, ULSOOR ROAD, BANGALORE-560042 DULY REPRESENTED BY ITS DIRECTORS/AUTHORIZED SIGNATORY APPELLANT NO.2. 2. MR. VASUDEVAN SATHYAMOORTHY (DIN 00022732) AGED ABOUT 60 YEARS R/AT NO.32, SAOH, PRIME STREET RICHMOND ROAD, BANGALORE-560025. …APPELLANTS (BY SRI. SHYAM SUNDAR M.S. SR. ADV., FOR SMT. VANDANA P.L. ADV.,) AND: 1. PARDHANANI CHATRABHUJ BASSARMAL S/O LATE BASSARMAL HOTCHAND PARDHANANI AGED ABOUT 83 YEARS R/AT FLAT NO.1504, AI MAS TOWERS DUBAI, MARINA Digitally signed by ARSHIFA BAHAR KHANAM Location: High Court Of Karnataka - 2 - HC-KAR NC: 2025:KHC:51758-DB COMAP No.584/2025 P.O. BOX 5418, DUBAI, UAE AND BANGALORE R/AT NO.46/3, FAIR FIELD LAYOUT RACE COURSE ROAD, BENGALURU-560001 REP. BY POWER OF ATTORNEY HOLDER MR. M. SAHADEVA REDDY S/O LATE SRI. M. BASI REDDY AGED ABOUT 70 YEARS R/AT NO.185, AMAR JYOTHI LAYOUT 5TH MAIN, DOMLUR INNER RING ROAD BENGALURU-560071. 2. MR. DURBHAKULA VAMSI SAI (DIN 08094719) AGED MAJOR WORKING FOR GAIN AT NO.38 ULSOOR ROAD, BENGALURU-560042. 3. MR. S. SAI PRASAD AGED MAJOR WORKING FOR GAIN AT NO.38 ULSOOR ROAD, BENGALURU - 560042. …RESPONDENTS (BY SRI. SATYANAND B.S. ADV., FOR R1) THIS COMAP IS FILED UNDER SECTION 13(1-A) OF COMMERCIAL COURTS ACT, PRAYING TO SET ASIDE THE ORDER DATED 18.10.2025 PASSED IN COMMERCIAL A.A.NO.401/2024 PASSED BY THE LXXXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, AT BENGALURU (CCH-85), AND GRANT SUCH OTHER AND FURTHER RELIEFS AS THIS HON'BLE COURT DEEMS FIT AND PROPER UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY (VIDE ANNEXURE -A). THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL - 3 - HC-KAR NC: 2025:KHC:51758-DB COMAP No.584/2025 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL) This appeal is filed under Section 13(1A) of the Commercial Courts Act, 2015, seeking for the following relief: "Wherefore, the appellant humbly prays that this Hon'ble Court may kindly be pleased to set aside the order dated 18.10.2025 passed in Commercial A.A.No.401/2024 passed by the LXXXIV Addl. City Civil and Sessions Judge, at Bengaluru (CCH-85) and grant such other and further reliefs as this Hon'ble Court deems fit and proper under the facts and circumstances of the case in the interest of justice and equity." 2. Sri.Shyam Sundar M.S., learned Senior counsel for the appellant submits that the Commercial Court, in exercise of power under Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act'), granted the relief more than the scope of the relief sought and the said interim order was extended later. It is further submitted that now the parties to the proceedings - 4 - HC-KAR NC: 2025:KHC:51758-DB COMAP No.584/2025 are before the Arbitral Tribunal and the proceedings are going on. In view of the finding recorded by the Commercial Court, the right under Section 17 of the Act is taken away by the Commercial Court. It is also submitted that the dispute is only in respect of 'C' schedule property. However, by virtue of the interim order of the Commercial Court, the temporary injunction granted by the Commercial Court is operating in respect of Schedule 'A', 'B' and 'C' properties which is required to be clarified. 3. Per contra, Sri.B.S.Satyanand, learned counsel for the respondent submits that the arbitration proceedings have already been commenced and this appeal becomes infructuous. It is submitted that today insofar as the interim relief, the Arbitrator intends to consider the same and for the sake of clarification, the matter is adjourned. It is further submitted that the appeal has rendered infructuous and seeks to dismiss the same. - 5 - HC-KAR NC: 2025:KHC:51758-DB COMAP No.584/2025 4. We have heard the arguments of the learned counsel for the appellant, the learned counsel for the respondent and meticulously perused the material available on record. We have given our anxious consideration to the submissions made on both the sides. 5. Having considered the rival contentions and the material produced on record, it is not in dispute that this Court in CMP No.10/2025 ordered for appointment of an Arbitrator and pursuant to the said order, the arbitration proceedings have commenced as is evident from the memo filed by the respondent. It is to be noticed that once the arbitration proceedings are commenced, the effect of the order and the finding recorded would not have any force. It is to be further noticed that any finding or observation made by the Commercial Court would not come in the way of the Arbitral Tribunal deciding the contentions of either of the parties on merits. - 6 - HC-KAR NC: 2025:KHC:51758-DB COMAP No.584/2025 With the aforesaid clarification, this appeal is disposed of. Consequently, the pending interlocutory application, if any, stands disposed. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE RV List No.: 1 Sl No.: 51