- 1 - HC-KAR CNR: KAHC010523792026 NC: 2026:KHC:42742-DB COMAP No. 375 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF AUGUST, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA COMMERCIAL APPEAL NO.375 OF 2026 BETWEEN: 1. M/S. CONFIDENT PROJECTS (INDIA) PVT. LTD., A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT NO.6, GROUND FLOOR, LANGFORD TOWN, HOSUR MAIN ROAD, BENGALURU - 560 025 REPRESENTED BY ITS AUTHORISED SIGNATORY, MR. JOJU KOCHUPPAN. 2. M/S. DJ PROJECTS PVT. LTD., A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT NO.6, FIRST FLOOR, LANGFORD TOWN, HOSUR MAIN ROAD, BENGALURU - 560 025, REPRESENTED BY ITS AUTHORISED SIGNATORY, MR. JOJU KOCHUPPAN. …APPELLANTS (BY SRI. A. MAHESH CHOWDHARY, ADVOCATE) Digitally signed by MAHALAKSHMI B M Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010523792026 NC: 2026:KHC:42742-DB COMAP No. 375 of 2026 AND: 1. M/S. MODERN SPACES, A REGISTERED PARTNERSHIP FIRM, HAVING ITS REGISTERED ADDRESS AT NO.73/2, CHAMBENAHALLI VILLAGE, DOMMASANDRA POST, NEAR ASSET SERENE APARTMENT, SARJAPURA MAIN ROAD, BENGALURU - 562 125, REPRESENTED BY ITS PARTNER SHRI. SHRAVANTH .P 2. M/S. M.S. WALKTOWN RESIDENCES, A REGISTERED PARTNERSHIP FIRM, HAVING ITS REGISTERED ADDRESS AT NO.73/2, CHAMBENAHALLI VILLAGE, DOMMASANDRA POST, NEAR ASSET SERENE APARTMENT, SARJAPURA MAIN ROAD, BENGALURU - 562 125, REPRESENTED BY ITS PARTNER SHRI. SHRAVANTH .P 3. M/S. URBAN RAYS LLP, HAVING ITS REGISTERED ADDRESS AT NO.73/2, CHAMBENAHALLI VILLAGE, DOMMASANDRA POST, NEAR ASSET SERENE APARTMENT, SARJAPURA MAIN ROAD BENGALURU - 562 125, REPRESENTED BY ITS PARTNER SHRI. SHRAVANTH .P 4. M/S. MODERN SPAACES VENTURES, A REGISTERED PARTNERSHIP FIRM, HAVING ITS REGISTERED ADDRESS AT NO.73/2, CHAMBENAHALLI VILLAGE, DOMMASANDRA POST, NEAR ASSET SERENE APARTMENT, SARJAPURA MAIN ROAD, BENGALURU - 562 125, REPRESENTED BY ITS PARTNER SHRI. SHRAVANTH .P - 3 - HC-KAR CNR: KAHC010523792026 NC: 2026:KHC:42742-DB COMAP No. 375 of 2026 5. M/S. M.S. VILLAGE VOICES, A REGISTERED PARTNERSHIP FIRM, HAVING ITS REGISTERED ADDRESS AT NO.93/1, YAMARE VILLAGE, KADAGRAHARA MAIN ROAD, DOMMASANDRA POST, BENGALURU - 562 125, REPRESENTED BY ITS PARTNER SHRI. SHRAVANTH .P 6. M/S. M.S. URBAN OASIS, A REGISTERED PARTNERSHIP FIRM, HAVING ITS REGISTERED ADDRESS AT NO.93/1, YAMARE VILLAGE, KADAGRAHARA MAIN ROAD, DOMMASANDRA POST, BENGALURU - 562 125, REPRESENTED BY ITS PARTNER, SHRI. SHRAVANTH .P 7. SHRI. SHRAVANTH P., S/O LATE PILLA REDDY, AGED ABOUT 39 YEARS, RESIDING AT VILLA NO.C3, NVT ORCHID GARDEN, BEHIND ISME COLLEGE, CHAMBENAHALLI, DOMMASANDRA, BENGALURU - 562 125. 8. SRI NOVIN S/O LATE PILLA REDDY, AGED ABOUT 38 YEARS, RESIDING AT VILLA NO.C3, NVT ORCHID GARDEN, BEHIND ISME COLLEGE, CHAMBENAHALLI, DOMMASANDRA, BENGALURU - 562 125. …RESPONDENTS (BY SRI. SANTHOSH S. GOGI, ADVOCATE FOR R-1; SRI. S.A. AHMED, ADVOCATE A/W SMT. MADHUSHREE D., SRI. SHIVAKUMARA P. AND SMT. RUPA B. DEVARAJU, ADVOCATES FOR C/R-2 - R-8) - 4 - HC-KAR CNR: KAHC010523792026 NC: 2026:KHC:42742-DB COMAP No. 375 of 2026 THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 13(1)(b) OF THE ARBITRATION AND CONCILIATION ACT, 1996 READ WITH SECTION 13(1)(a) OF THE COMMERCIAL COURTS ACT, 2015, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 15.07.2026 IN COM.A.A.NO.41/2026 BEFORE THE HON'BLE XI ADDITIONAL DISTRICT JUDGE, BENGALURU RURAL DISTRICT, BENGALURU AS IT IS WITHOUT JURISDICTION, ARBITRARY AND BAD IN THE EYES OF LAW. CONSEQUENTLY, DISMISS THE PETITION FILED BY THE RESPONDENTS UNDER SECTION 9 OF THE ARBITRATION AND CONCILIATION ACT, 1996 IN COM.A.A.NO.41/2026 AS BEIGN DEVOID OF MERITS AND NOT MAINTAINABLE. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. After some arguments, the learned counsel for the parties state that the interim order passed on 03.08.2026, as modified by the order dated 07.08.2026, may be made absolute, till the same is modified, vacated or confirmed by the Arbitral Tribunal that may be constituted to adjudicate the disputes between the parties. 2. The learned counsel for the respondents submits that out of 120 flats earmarked earlier, 30 flats had already been sold prior to the interim orders passed by this Court. - 5 - HC-KAR CNR: KAHC010523792026 NC: 2026:KHC:42742-DB COMAP No. 375 of 2026 3. The learned counsel for the respondents also state that in the event the application under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment of an Arbitrator is rejected, the interim order dated 03.08.2026, as clarified by the order dated 07.08.2026, shall stand dissolved without any further order. 4. There is some controversy as to whether the Arbitral Tribunal is to be constituted in terms of arbitration clause contained in the agreement dated 01.07.2025 or under the Memorandum of Understanding dated 25.02.2025 or both. We clarify that the interim order shall stand dissolved only if the Arbitral Tribunal is not constituted at all and all applications in this regard are rejected. 5. The parties are also at liberty to apply. 6. The appeal is disposed of in the aforesaid terms. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (K.S. HEMALEKHA) JUDGE AT, List No.: 2 Sl No.: 21