- 1 - HC-KAR NC: 2025:KHC:54693 MFA No. 9331 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 9331 OF 2025 (AA) BETWEEN: 1. KARNATAKA ANTIBIOTICS AND PHARMACEUTICAL LIMITED (A GOVERNMENT OF INDIA ENTERPRISES), INCORPORATED AND REGISTERED UNDER THE COMPANIES ACT, 1956, ARKA - THE BUSINESS CENTER, PLOT NO.37, SITE NO.34/4, PEENYA INDUSTRIAL AREA, 2ND PHASE, BENGALURU-560 058. KARNATAKA REP BY ITS DEPUTY GENERAL MANAGER. SRI MAHESH N.C. …APPELLANT (BY SRI. T. RAJARAM, ADVOCATE) AND: 1. GLATT SYSTEMS PRIVAWTE LTD., A PRIVATE LIMITED COMPANY, INCORPORATED AND REGISTERED UNDER THE COMPANIES ACT, 1956, HAVING CI NO.U29299PN200 7FTC130591, AND HAVING REGISTERED ADDRESS AT GAT NO.321/2, 322/1, 324/1, 324/2, PUNE-AHMEDANAGAR ROAD, VILLAGE KONDHAPURI, TALUKA SHIRUR, PUNE 412 209, MAHARASHTRA, Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:54693 MFA No. 9331 of 2025 THROUGH AUTHORISED REPRESENTATIVE MR.SHONIL BAKARE, …RESPONDENT THIS MFA IS FILED U/S.37(1)(c) OF THE ARBITRATION AND CONCILIATION ACT, 1996, AGAINST THE JUDGMENT DT. 13.06.2025 PASSED IN COM.A.A.NO. 442/2024 ON THE FILE OF THE LXXXIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, PARTLY ALLOWING THE APPLICATION FILED U/S.9 OF THE ARBITRATION AND CONCILIATION ACT, 1996. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT The office has raised objection regarding maintainability of the appeal against the order passed by the Commercial Court. 2. This Court has issued Circular No.R(J) 65C/2017 dated 30.10.2017 that against the order passed by the Commercial Courts, commercial appeals be maintainable before the Division Bench of this Court. - 3 - HC-KAR NC: 2025:KHC:54693 MFA No. 9331 of 2025 Therefore, in view of this, the appeal is not maintainable before this Court. 3. Therefore, the appeal is dismissed as not maintainable. 4. However, liberty is reserved to file a fresh appeal before the Division Bench as per the above said Circular. 5. The appellant is entitled for the benefit of Section 14 of the Limitation Act, 1963 excluding the period spent before this Court by filing the appeal. 6. Registry is directed to return all the certified copies to the appellant/counsel for the appellant. SD/- (HANCHATE SANJEEVKUMAR) JUDGE PSJ List No.: 1 Sl No.: 21 CT-SG