- 1 - HC-KAR NC: 2026:KHC:8178-DB COMAP No. 20 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA COMMERCIAL APPEAL NO. 20 OF 2026 BETWEEN: 1. RENAISSANCE DEVELOPERS PVT LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956, HAVING THEIR REGISTERED OFFICE AT NO. 50, 17TH CROSS, 8TH MAIN, MALLESHWARAM BENGALURU 560055, REPRESENTED BY ITS DIRECTOR, MR. RAMANJ N S. 2. RENAISSANCE REAL ASSET DEVELOPERS INDIA LLP A LIMITED LIABILITY PARTNERSHIP, HAVING THEIR REGISTERED OFFICE AT NO. 50, 17TH CROSS, 8TH MAIN, MALLESHWARAM BENGALURU 560055, REPRESENTED BY ITS AUTHORISED SIGNATORY, MR. RAMANJ N S. …APPELLANTS (BY SRI. V. SRINIVASAN RAGHAVAN, SENIOR ADVOCATE A/W SRI. JAYANTH V, ADVOCATE) Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:8178-DB COMAP No. 20 of 2026 AND: 1. OIKOS APARTMENTS PRIVATE LIMITED A COMPANY REGISTERED UNDER THE COMPANIES ACT 1956, HAVING ITS OFFICE AT 132, EMBASSY WOODS, 6A, CUNNINGHAM ROAD, BENGALURU 560001, REPRESENTED BY ITS DIRECTORS. 2. MR. JAYANTH M PATTANSHETTI MAJOR IN AGE, ADVOCATE BY PROFESSION, HAVING OFFICE AT GROUND FLOOR RAMS INFANTRY MANOR, NO. 70 INFANTRY ROAD, BENGALURU 560001 …RESPONDENTS (BY SRI. DHYAN CHINNAPPA, SENIOR ADVOCATE A/W SRI. ROHAN KOTHARI, ADVOCATE FOR R1 MS. PRIYANKA BORGES, ADVOCATE FOR SRI. B.R. KRISHNA, ADVOCATE FOR R2) THIS COMAP IS FILED UNDER SECTION 37(1)(B) OF THE ARBITRATION AND CONCILIATION ACT, 1996 R/W SECTION 13 (1A) OF THE COMMERCIAL COURTS ACT, 2015 PRAYING TO ALLOW THE PRESENT APPEAL AND SET ASIDE JUDGMENT/ORDERS ON MAIN PETITION DATED 3.01.2026 IN COM.A.A.420/2025 PASSED BY THE HONBLE LXXXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, (COMMERCIAL COURT, CCH-86), AT BENGALURU THEREBY ALLOWING IN PART AN APPLICATION ARBITRATION FILED BY THE RESPONDENT NO.1 UNDER SEC.9 OF THE ARBITRATION AND CONCILIATION ACT, 1996(2) CONSEQUENTLY, DISMISS THE APPLICATION ARBITRATION FILED BY THE RESPONDENT NO.1 UNDER SEC.9 OF THE ARBITRATION AND CONCILIATION ACT, 1996, IN COM.A.A NO.420/2025 ON THE FILE OF HONBLE LXXXV ADDITIONAL CITY CIVIL AND - 3 - HC-KAR NC: 2026:KHC:8178-DB COMAP No. 20 of 2026 SESSIONS JUDGE, (COMMERCIAL COURT, CCH-86), AT BENGALURU IN FULL. 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. POONACHA ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The appellant has filed the present petition under Section 37(1)(b) of the Arbitration and Conciliation Act, 1996 (A&C Act) impugning an order dated 03.01.2026 (impugned order) passed in Com.AA.No.420/2025. The said application was filed by the respondent seeking interim measure protection of protection under Section 9 of the A&C Act. The learned Commercial Court had allowed the said application and directed that the appellants be removed along with their men and material from the schedule property and further restrained them from creating any third party interest. Additionally, the learned Commercial Court had also directed that the title deeds of the schedule property be kept in the safe custody of the Court. - 4 - HC-KAR NC: 2026:KHC:8178-DB COMAP No. 20 of 2026 2. Insofar as the direction not to create any third party right and interest are concerned, the learned counsel for the appellants has no objection if the said order is continued till the conclusion of the arbitral proceedings. However, insofar as vacating the schedule property is concerned, it is contended that the said order ought not to have been passed as an interim measures of protection. 3. We note that in terms of the impugned order, it was to be in force for a period of three months or till commencement of the arbitral proceedings, whichever is earlier. By virtue of an order dated 22.01.2026 passed in Civil Misc. Petition No.629/2025, an Arbitral Tribunal has been constituted. Clearly, if the impugned order is interpreted strictly, the same does not survive. 4. In view of the above, without expressing any opinion on the merits of the present appeal, we consider it apposite to dispose of the same with liberty to the parties to approach the Arbitral Tribunal for any interim measures of protection under Section 17 of the A&C Act. - 5 - HC-KAR NC: 2026:KHC:8178-DB COMAP No. 20 of 2026 5. Needless to state that if, any such application is filed, the same would be considered on its own merits. 6. The parties also have no objection for a direction to deposit the title deeds with the learned Commercial Court. 7. In view of the above, respondent No.2 shall deposit the title deeds of the schedule property with the learned Commercial Court within a period of one week from date. 8. We further clarify that this order is also subject to any further orders that may be passed by the Arbitral Tribunal. 9. The appeal is disposed with the aforesaid observations. 10. Pending IAs., if any stand disposed of. SD/- (VIBHU BAKHRU) CHIEF JUSTICE SD/- (C.M. POONACHA) JUDGE ND List No.: 1 Sl No.: 16