- 1 - HC-KAR NC: 2025:KHC:52495-DB COMAP No. 346 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH 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. 346 OF 2025 BETWEEN: MOTO BUSINESS SERVICE INDIA PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 2013 HAVING ITS REGISTERED OFFICE AT SALARPURIA ANNEX, 2ND FLOOR, 1, LUSKAR, HOSUR ROAD, CHIKKU LAKSHMAIAH LAYOUT, KORAMANGALA, BENGALURU, KARNATAKA - 560 030 REPRESENTED BY IT AUTHORIZED SIGNATORY MR. AAYUSH SINHA, S/O RAJESH KUMAR SINHA AGED ABOUT 27 YEARS …APPELLANT (BY SRI. TARUN SURANA, ADVOCATE) AND: MOTHERPOD INNOVATIONS PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 2013 Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52495-DB COMAP No. 346 of 2025 HAVING ITS REGISTERED OFFICE AT NO. 1340, 10TH CROSS, INDIRANAGAR, 2ND STAGE, BENGALURU, KARNATAKA-560038 REP BY CEO RAM SUBRAMANIAM …RESPONDENT (BY MS. NIYATHI M, ADVCOATE FOR SRI. UDAY SHANKAR R MANJESHWAR, ADVOCATE) THIS COMAP IS FILED UNDER SECTION 13(1-A) OF COMMERCIAL COURT ACT, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 08.04.2025 PASSED BY THE LXXXVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-88) IN COMMERCIAL MISCELLANEOUS NO.78/2024. 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 said petition impugning an order dated 08.04.2025 passed by the LXXXVII Additional City Civil and Sessions Judge, Bengaluru City Civil and Sessions Judge, Bengaluru (CCH-88) in Com. Misc. No.78/2024. 2. The appellant had filed the said application under Order IX Rule 9 of Code of Civil Procedure, 1908 [CPC] seeking an order dated 18.09.2024 passed in Com.Misc.No.67/2024 be set aside. - 3 - HC-KAR NC: 2025:KHC:52495-DB COMAP No. 346 of 2025 The appellant had filed the said petition [Com.Misc.67/2024] under Order XXXIX Rule 2A of CPC, alleging wilful disobedience of an ex-parte order dated 10.07.2024 passed in I.A.4 passed in Com.A.A. No.198/2024. The said application [Com.A.No.198/2024] was filed under Section 9 of the Arbitration and Conciliation Act, 1996 [A&C Act] seeking interim measures of protection. In terms of the order dated 10.07.2024, an ex-parte interim order was granted directing the respondent to desist from using the vehicles leased by the appellant/applicant till the next date of hearing. 3. The order impugned in the present appeal - order dated 08.04.2025 in Com. Misc. No.78/2024 - is not a nature of order that are enumerated in order XLIII Rule 1 of CPC. Thus, an appeal does not lie against the said order under Section 13(1A) of the Commercial Courts Act, 2015 [Act, 2015]. 4. In terms of the proviso to Section 13(1A) of the Act, 2015, the appeals are confined to the order thus set out in Order XLIII Rule 1 of CPC and Section 37 of the A&C Act. The question 'whether an appeal could be preferred against any other order is no longer res integra. The Supreme Court in the case of Kandla Export - 4 - HC-KAR NC: 2025:KHC:52495-DB COMAP No. 346 of 2025 Corporation & Another Vs. M/s. OCI Corporation & Another reported in [(2018) 14 SCC 715] held as under: 14. The proviso goes on to state that an appeal shall lie from such orders passed by the Commercial Division of the High Court that are specifically enumerated under Order 43 of the Code of Civil Procedure Code, 1908, and Section 37 of the Arbitration Act. It will at once be noticed that orders that are not specifically enumerated under Order 43 of CPC would, therefore, not be appealable, and appeals that are mentioned in Section 37 of the Arbitration Act alone are appeals that can be made to the Commercial Appellate Division of a High Court. 5. The appeal is not maintainable and is accordingly, dismissed This Order will not preclude the appellant from availing of any other remedy, if available in law. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE BS List No.: 1 Sl No.: 5