- 1 - HC-KAR NC: 2025:KHC:36039-DB COMAP No. 457 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C M JOSHI COMMERCIAL APPEAL NO. 457 OF 2025 BETWEEN: 1. MR. BHARATH CHANDRASHEKAR, S/O. LATE G. CHANDRASHEKAR, AGED ABOUT 32 YEARS. 2. MS. BINDUSHREE.C, D/O LATE G.CHANDRASHEKAR, AGED ABOUT 36 YEARS. 3. MRS. DEEPA C, W/O. LATE G.CHANDRASHEKAR, AGED ABOUT 57 YEARS. ALL ARE R/AT NO.538, 31ST MAIN, 1ST CROSS, BANAGIRINAGAR, BSK III STAGE, BENGALURU-560 085. …APPELLANTS (BY SRI RAJESWARA P.N, ADVOCATE) AND: 1. GAURAV K BHANDARI, S/O. U.C.BHANDARI, AGED ABOUT 44 YEARS. 2. BHARATH K. BHANDARI, S/O. U.C.BHANDARI, AGED ABOUT 46 YEARS. Digitally signed by NANDINI R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36039-DB COMAP No. 457 of 2025 3. ASHU BHANDARI, W/O. U.C.BHANDARI, AGED ABOUT 72 YEARS. ALL ARE R/AT NO.266, 15TH MAIN ROAD, 5TH CROSS, R.M.V.EXTENSION, BENGALURU-560 080. …RESPONDENTS (BY SRI PRADEEP NAYAK, ADVOCATE FOR MS. ANUPAMA HEBBAR, ADVOCATE FOR R-1 TO 3) THIS COMAP / COMMERCIAL APPEAL IS FILED UNDER SECTION 13 (1A) OF THE COMMERCIAL COURTS ACT, 2015 PRAYING THAT THIS HON'BLE COURT MAY BE SET ASIDE THE ORDER DATED 29.01.2025 IN COM.A.A.10/2021 PASSED BY THE HON'BLE LXXXVI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, COMMERCIAL COURT, AT BENGALURU (CCH NO.87), BENGALURU. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C M JOSHI ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. For the reasons stated in the affidavit accompanying the application, IA No.1/2025 is allowed. Delay of 141 days in filing the appeal is condoned. 2. After some arguments, learned counsel appearing for appellants submits that the present appeal may be disposed of, albeit, with a direction to the learned Arbitrator to decide the - 3 - HC-KAR NC: 2025:KHC:36039-DB COMAP No. 457 of 2025 respondents' application under Section 17 of the Arbitration and Conciliation Act, 1996 [A&C Act], as expeditiously as possible. 3. Learned counsel appearing for respondents submits that the adjudication of the application under Section 17 of A&C Act, has been delayed on account of various adjournments sought on behalf of the appellants. 4. It is not necessary to examine as to the reasons for the delay in adjudication of the application under Section 17 of A&C Act. However, the parties would be at liberty to request the learned Arbitrator to dispose of the same expeditiously. 5. The present appeal is disposed of with the aforesaid observations. 6. Pending application is also disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C M JOSHI) JUDGE tsn* List No.: 1 Sl No.: 12