- 1 - HC-KAR NC: 2025:KHC:50881-DB COMAP No. 501 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH 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. 501 OF 2025 BETWEEN: 1. ACER INCORPORATED A COMPANY INCORPORATED UNDER THE LAWS OF THE REPUBLIC OF CHINA (TAIWAN) HAVING ITS REGISTERED OFFICE AT 7F-5 NO.369, FUXING N.REL, SONGSHAN DIST TAIPEI CITY 105, TAIWAN (R.O.C) REPRESENTED BY ITS DULY CONSTITUTED ATTORNEY MR. SARGAM JAIN …APPELLANT (BY SRI GIRIDHAR S.V., ADVOCATE) AND: 1. INDKAL TECHNOLOGIES PRIVATE LIMITED A COMPANY INCROPORATED UNDER THE COMPANIES ACT, 2013 HAVING ITS REGISTERED OFICE AT C-102 HINDUJA LAKE FRONT ESTATE OPP. HULIMAVU POLICE STATION HULIMAVU, BENGALURU KARNATAKA - 560 076 Digitally signed by VEERENDRA KUMAR K M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:50881-DB COMAP No. 501 of 2025 REPRESENTED BY ITS AUTHORIZED SIGNATORY MR. RAJ BVP SINGH …RESPONDENT (BY SRI V.SRINIVASAN RAGHAVAN, SENIOR ADVOCATE A/W SRI AVINASH BALAKRISHNA, ADVOCATE) THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 13(1A) OF THE COMMERCIAL COURTS ACT, 2015 READ WITH ORDER 43 RULE 1 OF THE CODE OF CIVIL POCEDURE, 1908 PRAYING TO SET ASIDE THE ORDER DATED 12.09.2025 PASSED BY THE HON'BLE LXXXIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, AT BANGALORE (CCH-90) ON INTERLOCUTORY APPLICATION NO.2 UNDER ORDER XXXIX RULES 1 AND 2 IN COMMERCIAL ORIGINAL SUIT NO.1165/2025 VIDE ANNEXURE-A AND CONSEQUENTLY ALLOW THIS APPEAL AS PRAYED FOR & ETC. 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. Learned counsel for the parties have advanced their submissions, pointing out that the learned Trial Court had not examined the merits of the case, in as much as the Trial Court had not examined whether the action of termination of the agreement was bonafide and for sufficient grounds. - 3 - HC-KAR NC: 2025:KHC:50881-DB COMAP No. 501 of 2025 2. The Trial Court had noted that the merits of case could be while considering the interlocutory application [I.A.No.5], which was an application under Order VII Rule 11 of the Code of Civil Procedure, 1908 [CPC] praying that the dispute be dismissed inter- alia on the ground that the damages had not been claimed and that the agreement was determinable. 3. The learned counsel appearing for the appellant fairly states that as far as I.A.No.5 is concerned, the same may not survive as the respondent/plaintiff have now filed an application for amendment, seeking damages. 4. It is the plaintiff's case that the termination was wrongful and without any cause. It is alleged that the same was done to take over the market share from the respondent/plaintiff. Clearly, the said aspect would have to be examined albeit on a prima-facie basis for considering whether to grant any interim relief. 5. Since the Commercial Court has deferred the consideration of the same, we consider it apposite to direct that the impugned order be considered as an ad-interim order till the Commercial - 4 - HC-KAR NC: 2025:KHC:50881-DB COMAP No. 501 of 2025 Court finally decides the interim application. To that extent, the impugned order stands modified. 6. Needless to state, the said application [I.A.No.2] will have to be considered on the anvil of well-settled principles of balance of convenience, prima-facie case, and irreparable loss. 7. We request the learned Commercial Court to consider the interim application [I.A.No.2] and pass an order as expeditiously as possible, and preferably within a period of four weeks from date. 8. This order has been passed with the consent of the learned counsel for the parties. 9. The appeal is accordingly disposed of. 10. All contentions of the parties are kept open. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE KMV List No.: 1 Sl No.: 5