- 1 - HC-KAR NC: 2025:KHC:45533-DB COMAP No. 396 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA COMMERCIAL APPEAL NO. 396 OF 2025 BETWEEN: 1. M/S. VIDHYAASHRAM EDUCATION FOUNDATION NO.22, CRESCENT ROAD CROSS HIGH GROUNDS KUMARA PARK WEST BENGALURU - 560 001 ALSO AT: NO.12, TEMPLE ROAD JAYALAKSHMIPURAM MYSORE - 570 012 REPRESENTED BY ITS AUTHORIZED FOUNDER & TRUSTEE K. RAKESH RAJE URS S/O. LATE G. KRISHNE URS AGED ABOUT 49 YEARS …APPELLANT (BY SMT. S. AISHWARYA, ADVOCATE FOR SRI RAJESWARA P.N, ADVOCATE) AND: 1. ACADEMY OF ART AND ARCHITECTURE HAVING ITS REGISTERED OFFICE AT NO. CA-2, BOGADI II STAGE MYSURU - 570 026 REP. BY ITS TRUSTEE Digitally signed by AMBIKA H B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:45533-DB COMAP No. 396 of 2025 AND CHAIRPERSON SRI NIKHIL SHIVAPRASAD 2. SRI N. SHIVAPRASAD S/O. LATE NANJAPPA AGED ABOUT 60 YEARS R/AT FLAT NO. 29, SRT TOWER OUTER RING ROAD SERVICE ROAD CHALEKERE BENGALURU - 560 043 3. SMT. UMA SHIVAPRASAD W/O. N. SHIVAPRASAD AGED ABOUT 53 YEARS R/AT FLAT NO. 29, SRT TOWER OUTER RING ROAD SERVICE ROAD, CHALEKERE BENGALURU - 560 043 4. M/S. SRI GEETANJALI EDUCATIONAL TRUST A REGISTERED TRUST HAVING ITS REGISTERED OFFICE AT SY. NO. 77/7 PANATHUR VILLAGE VARTHUR HOBLI BANGALORE EAST TALUK BENGALURU - 560 087 REP. BY ITS TRUSTEE AND CHAIRPERSON SRI NIKHIL SHIVAPRASAD …RESPONDENTS (SRI ABHISHEK R. HUDDAR, ADVOCATE FOR C/R-1 & R-4) THIS COMMERCIAL APPEAL IS FILED UNDER SEC.13(1A) OF COMMERCIAL COURTS ACT, 2015 READ WITH SECTION 37(1) (b) OF ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO SET ASIDE THE ORDER DATED 3.07.2025 PASSED ON IA NO.1IN COM.A.A NO.140/2025 PASSED BY THE - 3 - HC-KAR NC: 2025:KHC:45533-DB COMAP No. 396 of 2025 HONBLE COURT OF LXXXVIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY, (CCH NO.89), AND CONSEQUENTLY, ALLOW IA NO.1 FILED BY THE PETITIONER IN COM.A.A NO.140/2025 AS PRAYED FOR THE APPELLANT & 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. The learned counsel appearing for the appellant submits that the present appeal has been filed under Section 37(1)(b) of the Arbitration and Conciliation Act, 1996 [A&C Act] impugning an ad interim order passed in a petition filed under Section 9 of the A&C Act. She submits that the said petition is disposed of by a subsequent order which is subject matter of challenge in COMAP No.524/2025. 2. Since the appellant's petition in which the interim order was passed has been dismissed, the present appeal which relates to an ad interim order would not survive. The same is, accordingly, disposed of. - 4 - HC-KAR NC: 2025:KHC:45533-DB COMAP No. 396 of 2025 3. The pending interlocutory applications also stand disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE AHB List No.: 1 Sl No.: 5