- 1 - HC-KAR NC: 2026:KHC:7960-DB COMAP No.252/2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL COMMERCIAL APPEAL NO.252/2025 BETWEEN: MR. MAXIMILIANO MODESTI S/O DELFINO MODESTI AGED ABOUT 54 YEARS HAVING OFFICE AT. 62, FLOOR 3 EVERGREEN INDUSTRIAL ESTATE DR. E. MOSES ROAD, SHAKTI MILL LANE MAHALAXMI, MUMBAI - 400 011. …APPELLANT (BY SRI. ADITYA VIKRAM BHAT, ADV., FOR SRI. KIRAN V. RON, ADV.,) AND: 1. MRS. REKHA BISWAS D/O RAJKUMAR KHATRI AGED ABOUT 41 YEARS C 601, SHRIRAM LUXOR HENNUR BAGLUR MAIN ROAD BENGALURU - 560 077. 2. STUDIO SILAI LLP REGISTERED UNDER THE LIMITED LIABILITY PARTNERSHIP ACT 2008 HAVING REGISTERED OFFICE AT SY.33, MANASWI EDIFICE KOTHANUR MAIN ROAD Digitally signed by ARSHIFA BAHAR KHANAM HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:7960-DB COMAP No.252/2025 BEHIND AMMAS PASTERIES KOTHANUR, BENGALURU BENGALURU NORTH, KARNATAKA INDIA - 560 077 REP. HEREIN BY ALL ITS DESIGNATED PARTNERS. 3. SIDDHARTH NAVIN SALIAN S/O CHENNAPPA SALIAN AGED ABOUT 41 YEARS R/AT. AMBER KUTIR, 5TH FLOOR 166, SHIVAJI PARK DR. M.B. RAUT ROAD MUMBAI - 400 028. …RESPONDENTS (BY SRI. KARAN JOSEPH, ADV., FOR R1) THIS COMAP/COMMERCIAL APPEAL IS FILED UNDER SECTION 13(1A) OF THE COMMERCIAL COURTS ACT, 2015 PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 19.04.2025 PASSED IN COM.A.A. NO.279/2024 BY THE LXXXVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, (CCH-88) (COMMERCIAL COURT), BENGALURU, WHICH IS PRODUCED AT ANNEXURE A & ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL - 3 - HC-KAR NC: 2026:KHC:7960-DB COMAP No.252/2025 ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) This appeal is filed under Section 13(1-A) of the Commercial Courts Act, 2015, seeking to set aside the order dated 19.04.2025 passed in Com.A.A.No.279/2024 by the LXXXVII Additional City Civil & Sessions Judge (Commercial Court) (CCH-88), Bengaluru. 2. Heard both sides. 3. It is submitted by the learned counsel for the appellant that the present appeal is filed challenging the order dated 19.04.2025 passed in Com.A.A.No.279/2024. It is the contention of the appellant that the said order is passed on an application filed under Section 9 of the Arbitration and Conciliation Act, 1996 (for short, 'the Act'). It is contended that one of the parties to the arbitration agreement viz., appellant, is a foreign national, and that there is no jurisdiction in the Additional City Civil - 4 - HC-KAR NC: 2026:KHC:7960-DB COMAP No.252/2025 and Sessions Judge to consider the application under Section 9 of the Act. 4. Learned counsel for the respondent No.1 would also contend that arbitration is on going and in case any interim measures are required, the Arbitrator can be moved under Section 17 of the Act. 5. Having considered the contentions advanced and in view of the submissions made, we are of the opinion that the order passed on the application filed under Section 9 of the Act cannot survive. Hence, the impugned order dated 19.04.2025 passed in Com.A.A.No.279/2024 by the LXXXVII Additional City Civil & Sessions Judge (Commercial Court) (CCH-88), Bengaluru, is set aside. Accordingly, this appeal is allowed. 6. Learned counsel for the respondent No.1 submits that the respondent No.1 will file Section 17 application before the Arbitrator. - 5 - HC-KAR NC: 2026:KHC:7960-DB COMAP No.252/2025 7. The contentions of the parties are left open to be decided in appropriate proceedings. Pending applications, if any, does not survive for consideration. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE BSR List No.: 1 Sl No.: 46