- 1 - HC-KAR NC: 2026:KHC:9734 WP No. 24447 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 24447 OF 2025 (GM-CPC) BETWEEN: GREENKO KA 01 IREP PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 2013 HAVING ITS REGISTERED OFFICE AT 5, GROUND FLOOR, PRESTIGE KHODAY TOWER, RAJBHAVAN ROAD, BENGALURU – 560 001 REPRESENTED BY ITS AUTHORIZED SIGNATORY MR. S A QUADAR SHAKIR …PETITIONER (BY SRI.C.K.NANDAKUMAR, SR. COUNSEL FOR SRI. RAGHURAM CADAMBI., ADVOCATE) AND: MUJAWAR HUSENSAB HASANSAB SON OF MUJAWAR HASANASAB HUSENASAB AGED ABOUT 47 YEARS, R/AT 1371, DHUPDALA BELGAUM DISTRICT, KARNATAKA - 591 111 …RESPONDENT (SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-A. SET ASIDE THE ORDER DATED 28.04.2025 PASSED IN COM. A. A NO. 194/2025 ON THE FILE OF THE LEARNED LXXXII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (COMMERCIAL COURT) AT BENGALURU (CCH-83) VIDE ANNEXURE-A ORDERING EMERGENT NOTICE ON IA NO. 1 FILED BY THE PETITIONER. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:9734 WP No. 24447 of 2025 ORAL ORDER In this petition, petitioner seeks the following reliefs: “A. Issue a writ of certiorari or any other writ, order, Set aside the order dated 28.04.2025, passed in Com. A. A. No. 194 / 2025 on the file of the Learned LXXXII Additional City Civil and Sessions Judge (Commercial Court), at Bengaluru vide Annexure-A (CCH-83), ordering emergent notice on I.A. No. 1 filed by the Petitioner; B. Allow the application in I.A. No. 1 as prayed for in Com. A. A. No. 194/2025 on the file of the Learned LXXXII Additional City Civil and Sessions Judge (Commercial Court), at Bengaluru (CCH-83); Vide Annexure-T. C. Grant such other and further reliefs as are just, including costs of this petition.” 2. Heard learned Senior Counsel for the petitioner and perused the material on record. Though notice is served upon the respondent, he has chosen to remain absent and unrepresented. 3. A perusal of the material on record will indicate that the petitioner is aggrieved by the impugned order dated 28.04.2025, whereby the trial Court declined to pass an ad-interim order of temporary injunction in favour of the petitioner and directed issuance of emergent notice to the respondent. When the matter came up before this Court on 01.09.2025, this Court passed the following interim order in favour of the petitioner: - 3 - HC-KAR NC: 2026:KHC:9734 WP No. 24447 of 2025 “Heard the learned Senior Counsel Sri.C.K.Nandakumar appearing for the petitioner. Issue emergent notice to the respondent. The respondent shall be served by any mode of service, hand summons or otherwise. The petitioner seeks the following interim order: "Pending disposal of the petition, the petitioner prays that this Hon'ble Court may be pleased to restrain the respondent from, in any manner, encumbering, selling, alienating, disposing of, or creating any third-party rights of whatsoever nature, over the Schedule Property, and grant such other and further reliefs as are just, and grant ex parte, ad interim relief in the above terms in the interests of justice and equity." There shall be an interim order as afore-sought till the next date of hearing.” 4. The aforesaid interim order passed by this Court is subsisting and continues to remain in force and operate between the parties even till today. In the meanwhile, the petitioner having approached this Court in C.M.P.No.405/2025 under Section 11 of the Arbitration and Conciliation Act, 1996, this Court after hearing both sides was pleased to pass following order referring the dispute to arbitration: - 4 - HC-KAR NC: 2026:KHC:9734 WP No. 24447 of 2025 “1. The petitioner is before this Court seeking for the following reliefs; a. Appoint an arbitrator to constitute the arbitral tribunal to decide the disputes between the parties under the Agreement to Sell dated 13.09.2024 (Annexure A) and Arbitration Clause 14 (Page No.29). b. Pass any other order/s as this Hon'ble Court deems appropriate in the interest of justice and equity. 2. After arguing for sometime, learned counsel for the parties submit that a suitable arbitrator could be appointed to arbitrate the dispute between the parties leaving all contentions open. 3. In that view of the matter, I pass the following: ORDER i) CMP is allowed. ii) Dr.Justice N.Kumar, former judge of this Court is appointed as a sole Arbitrator to arbitrate the dispute between the parties under the aegis of the Arbitration Centre attached to this Court. iii) Registry is directed to forward a copy of this order to the Director, Arbitration Conciliation Centre for doing the needful. And - 5 - HC-KAR NC: 2026:KHC:9734 WP No. 24447 of 2025 iv) Since the order is passed in the presence of all the counsel, they shall appear before the Director, Arbitration and Conciliation Centre without requirement of any notice on 01.12.2025 at 2.30 p.m. v) All contentions are left open. vi) Registry is directed to return the original and/or certified copies, if produced, to the respective parties who have produced it/them by following due procedure.” 5. In pursuance of the said order passed by this Court, the petitioner has filed a statement of claim along with an application under Section 17 of the said Act of 1996 seeking appropriate interim reliefs which correspond to the relief sought for in the main petition filed by the petitioner. 6. Under these circumstances, nothing further survives in the present petition except directing that the aforesaid interim order passed by this Court on 01.09.2025 shall continue to remain in force and between the parties, till the Arbitral Tribunal dispose of the application filed by the petitioner under Section 17 of the Said Act, 1996. - 6 - HC-KAR NC: 2026:KHC:9734 WP No. 24447 of 2025 7. In the result, I pass the following: ORDER i) The petition is hereby disposed of. ii) The interim order dated 01.09.2025 passed by this Court shall continue to remain in force till disposal of the application filed by the petitioner under Section 17 of the said Act of 1996. iii) The petitioner is directed to withdraw the main petition in AA No.194/2025 as having become infructuous. iv) All rival contentions on all aspects of the matter are kept/left open and no opinion is expressed on merits/demerits of the rival contentions. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 3 Sl No.: 23