- 1 - HC-KAR CNR: KAHC010065212026 NC: 2026:KHC:44097-DB COMAP No. 68 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.68 OF 2026 BETWEEN: UDAY GUPTA S/O RAMANATH GUPTA, AGED ABOUT 58 YEARS, PROPRIETOR OF VENUS STORE AGENCIES NO.3, DATTURI RAMANNA ROAD, S.P. ROAD, BENGALURU - 560002. …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. 2. SIMPLEX INFRASTRUCTURES LIMITED HAVING ITS BRANCH OFFICE AT BRIGADE PLAZA, UNIT- 'C', Digitally signed by C K LATHA Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010065212026 NC: 2026:KHC:44097-DB COMAP No. 68 of 2026 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(1- A) OF THE COMMERCIAL COURTS ACT, PRAYING TO SET ASIDE THE ORDER DATED 06.12.2025 PASSED ON I.A.NO.1 FILED BY THE RESPONDENTS 1 & 2 UNDER SECTION 8 OF THE ARBITRATION AND CONCILIATION ACT, 1996 IN Com.O.S.697/2024 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 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 - 3 - HC-KAR CNR: KAHC010065212026 NC: 2026:KHC:44097-DB COMAP No. 68 of 2026 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. 1 in Com. O.S No. 697/2024. 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. 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 - 4 - HC-KAR CNR: KAHC010065212026 NC: 2026:KHC:44097-DB COMAP No. 68 of 2026 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.: 7