- 1 - HC-KAR NC: 2025:KHC:44783 WP No. 24808 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 24808 OF 2025 (GM-CPC) BETWEEN: M/S.JACAY HOSPITALITIES LLP A PARTNERSHIP FIRM REGISTERED UNDER THE COMPANIES ACT 1956 HAVING ITS OFFICE AT NO.152 A SPN HOUSE GREENWAYS ROAD R.A.PURAM, CHENNAI-600 028 REP. BY ITS PARTNER MR.NATRAJ SATHYAMOORTHY …PETITIONER (BY SRI BALACHANDRAN FOR SRI ANEES AHMED, ADVOCATES) AND: M/S.INDRA PRASTHA SHELTERS PVT LTD., COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1965 HAVING ITS REGISTERED OFFICE AT 4TH FLOOR, PRESTIGE CORNICHE NO.62/1, RICHMOND ROD BENGALURU-560 025 REP. BY ITS DIRECTOR MR.PRAJWAL SHENAVA …RESPONDENT (BY SRI PRATIK PANY FOR SRI ABHILASH RAJU, ADVOCATES) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTIUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 20.06.2025 PASSED ON I.A.NO.2 FILED UNDER ORDER VII RULE 7 READ WITH SECTION 151 OF C.P.C FOR REJECTION Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44783 WP No. 24808 of 2025 OF APPLICATION IN COM.A.A.NO.175/2024 BY LXXXIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALURU AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL ORDER Heard Sri Balachandran, learned counsel appearing on behalf of Sri Aneesh Ahmed for petitioner and Sri Prathik Pany, learned counsel appearing on behalf of Sri Abhilash Raju for respondent. 2. This petition is filed by the petitioner, who is respondent before the Commercial Court in Com.A.A. No.175/2024 pending on the file of LXXXIX Additional City and Sessions Judge, Bengaluru, aggrieved by rejection of his application in IA.No.2 filed under Order VII Rule 11 read with Section 151 of CPC. 3. During the course of the arguments before this Court, learned counsel for petitioner fairly submits that - 3 - HC-KAR NC: 2025:KHC:44783 WP No. 24808 of 2025 presently, the arbitration application pending before the Commercial Court is now listed for passing of orders on the application filed under Section 9 of the Arbitration and Conciliation Act, 1996 (for short, 'the Act'). In view of pendency of this petition before this Court, the petitioner who is respondent before the Commercial Court did not argue the matter. Therefore, he seeks liberty to permit him to advance the matter and argue the matter before the Commercial Court on the application filed under Section 9 of the Act with liberty to urge all the grounds that are taken up before this Court with regard to suppression of material facts by the respondent in coming before this Court with clean hands. With this submission, he submits that the matter could be disposed off without adverting to the merits of the matter. 4. Learned counsel for respondent submits that he does not have much objection to the submission made by learned counsel for petitioner. - 4 - HC-KAR NC: 2025:KHC:44783 WP No. 24808 of 2025 5. Under the circumstances, in view of the submission made by learned counsels for parties, it would be appropriate to permit them to advance the matter before the Commercial Court with liberty to urge all the grounds that are taken up before this Court in this petition and address their arguments on the main application filed under Section 9 of the Act and proceed further in the matter. In view of the same, I pass the following: ORDER i) This Writ Petition is disposed off; ii) Liberty is reserved to the petitioner as well as the respondent to advance the matter, argue the matter before the Commercial Court in Com. Arbitration Application No.175/2024 before LXXXIX Additional City Civil and Sessions Judge, Bengaluru by urging all the grounds that are taken up before this Court or any other grounds, if so advised and proceed further in the matter; - 5 - HC-KAR NC: 2025:KHC:44783 WP No. 24808 of 2025 iii) It is made clear that this Court has not expressed any opinion on merits of the matter; iv) All contentions of both the parties are kept open. Sd/- (PRADEEP SINGH YERUR) JUDGE LB List No.: 1 Sl No.: 63