- 1 - HC-KAR NC: 2026:KHC:9581-DB COMAP No. 363 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH 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. 363 OF 2025 BETWEEN: 1. AVEC AMOR ENTERPRISES PVT. LTD. THROUGH ITS PARTNER MR. RAJEEV JAIN REGISTERED UNDER THE LIMITED LIABILITY PARTNERSHIP ACT, 2008 WITH ITS REGISTERED OFFICE AT OFFICE No.01,2ND FLOOR, E-172 SECTOR-63, NOIDA,NOIDA GAUTAM BUDDHA NAGAR,NOIDA UTTAR PRADESH INDIA - 201 301 …APPELLANT (BY SRI GAURAV C. PATIL, ADVOCATE) AND: 1. SRK POWERTECH PVT. LTD. REPRESENTED THROUGH ITS DIRECTORS REGISTERED UNDER THE COMPANIES ACT, 2013 WITH ITS REGISTERED ADDRESS AT PLOT NO.51-52, UDYOG VIHAR PHASE IV, GURUGRAM - 122 001 HARYANA, INDIA Digitally signed by AMBIKA H B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:9581-DB COMAP No. 363 of 2025 ALSO AT 2ND FLOOR, VAISHNAVI PROPERTIES 30/1, SILICON TERRACES HOSUR MAIN ROAD KORAMANGALA, ADIGODI BENGALURU - 560 095 2. ORIENTAL INSURANCE COMPANY LIMITED No. H-1A/18, SECTOR-63 NEAR DOMINO'S PIZZA SHOP NOIDA - 201 301, UTTAR PRADESH REPT. BY ITS MANAGER ORIENTAL INSURANCE CO. LTD. No.44/45,TP HUB RESIDENCY ROAD LEO SHOPPING COMPLEX BENGALURU - 560 025 …RESPONDENTS (SMT. SUSHMA S. RAO, ADVOCATE FOR C/R-1) THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 37 (1)(b) OF THE ARBITRATION AND CONCILIATION ACT, 1996 READ WITH SECTION 13 (1A) OF THE COMMERCIAL COURTS ACT, 2015 PRAYING TO SET ASIDE THE ORDER DATED 16.04.2025 PASSED BY THE LEARNED LXXXVII ADDL. CITY CIVIL AND SESSIONS JUDGE, COMMERCIAL COURTS, BENGALURU IN COM.A.A. NO.274 OF 2024 & ETC. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:9581-DB COMAP No. 363 of 2025 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 appeal under Section 37(1)(b) of the Arbitration and Conciliation Act, 1996 [A&C Act] impugning an order dated 16.04.2025 passed by the learned LXXXVII Additional City Civil and Sessions Judge (Commercial Court), Bengaluru in Com.A.A No.274/2024. The impugned order was passed directing interim measures of protection under Section 9 of the A&C Act. 2. The learned counsel appearing for the appellant submits that the impugned order has since been modified. He seeks to withdraw the present appeal with liberty for the appellant to avail its remedies, if necessary. 3. The learned counsel appearing to the respondent submits that the arbitral tribunal has already been constituted and the parties have already approached the arbitral tribunal for interim measures of protection under Section 17 of the A&C Act. - 4 - HC-KAR NC: 2026:KHC:9581-DB COMAP No. 363 of 2025 4. In view of the above, the present appeal is dismissed as withdrawn. However, we clarify that the parties are not precluded from availing or pursuing their remedies in accordance with law. 5. The pending interlocutory application stands disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE AHB List No.: 1 Sl No.: 5