- 1 - HC-KAR CNR: KAHC010065232026 NC: 2026:KHC:44098-DB COMAP No. 71 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH 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.71 OF 2026 BETWEEN: NAVYUG MACHINARY STORES, A REGISTERED PARTNERSHIP FIRM, HAVING ITS OFFICE AT NO.161/1, 3RD FLOOR, S.P. ROAD, BENGALURU - 560 002. REPRESENTED BY ITS PARTNER, SRI. SANDEEP DINKAR SAWANT NO.161/1, 3RD FLOOR, S.P. ROAD, BENGALURU - 560 002. …APPELLANT (BY SRI. B.O. CHANDRA SHEKAR, ADVOCATE) AND: 1. SIMPLEX INFRASTRUCTURES LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, HAVING ITS REGISTERED OFFICE AT 'SIMPLEX HOUSE', NO.27, SHAKESPEARE SARANI, KOLKATA - 700 017 REPRESENTED BY ITS MANAGING DIRECTOR. Digitally signed by C K LATHA Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010065232026 NC: 2026:KHC:44098-DB COMAP No. 71 of 2026 2. SIMPLEX INFRASTRUCTURES LIMITED HAVING ITS BRANCH OFFICE AT BRIGADE PLAZA, UNIT - 'C', FIRST FLOOR, NO.71/1, ANAND RAO CIRCLE, SC ROAD, MAJESTIC, BENGALURU - 560009. 3. BANGALORE METRO RAIL CORPORATION LIMITED (BMRCL) BMTC COMPLEX, III FLOOR, K.H. ROAD, SHANTHINAGAR BENGALURU - 560 021 REPRESENTED BY ITS EXECUTIVE DIRECTOR. …RESPONDENTS THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 13(1A) OF THE COMMERCIAL COURTS ACT, 2015 PRAYING TO SET ASIDE THE ORDER DATED 06.12.2025 PASSED ON I.A.NO.2 FILED BY THE RESPONDENTS 1 & 2 UNDER SECTION 8 OF THE ARBITRATION AND CONCILIATION ACT, 1996 IN COM.O.S.NO.698/2024 BY THE HON'BLE COURT OF LXXXIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-90) AND ETC., THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MRS. JUSTICE K.S. HEMALEKHA - 3 - HC-KAR CNR: KAHC010065232026 NC: 2026:KHC:44098-DB COMAP No. 71 of 2026 ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The appellant has filed the present appeal under Section 37(1) of the Arbitration and Conciliation Act, 1996 [A&C Act] read with Section 13 (1A) of the Commercial Courts Act, 2015, impugning an order dated 06.12.2025 [impugned order] passed by the learned LXXXIX Additional City Civil and Sessions Judge [Commercial Court] allowing the application in I.A No. 2 in Com. O.S No. 698/2024. 2. The respondents 1 and 2 had filed the said application under Section 8 of the A&C Act seeking reference of the dispute to arbitration in view of the arbitration clause contained in the purchaser orders. 3. The learned Commercial Court has found that the suit was premised on the said purchase orders and there existed an arbitration agreement between the parties. Consequently, the Commercial Court allowed the said application by the impugned order. - 4 - HC-KAR CNR: KAHC010065232026 NC: 2026:KHC:44098-DB COMAP No. 71 of 2026 4. The present appeal is not maintainable, as Section 37 (1)(a) of the A&C Act explicitly provides for an appeal against an order refusing to refer the parties to arbitration under Section 8. In the present case, the Commercial Court has allowed the application under Section 8 and therefore the same is not an order appealable under Section 37 (1) of the A&C Act. The appeal is accordingly dismissed as not maintainable. 5. Pending application stands disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (K.S. HEMALEKHA) JUDGE CKL List No.: 2 Sl No.: 8