- 1 - HC-KAR CNR: KAHC010065182026 NC: 2026:KHC:46112-DB COMAP No. 70 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH 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. 70 OF 2026 BETWEEN: 1. SURYA ENTERPRISES A REGISTERED PARTNERSHIP FIRM HAVING ITS OFFICE AT NO. 180/1 GROUND FLOOR , CENTRAL COMPLEX S.C ROAD, SHESHADRIPURAM BENGALURU - 560 020 REPRESENTED BY ITS PARTNER AJAY A. AHUJA …APPELLANT (BY SRI B.O. CHANDRA SHEKAR, ADVOCATE) AND: 1. SIMPLEX INFRASTRUCTURE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT HAVING ITS REGISTERED OFFICE AT 'SIMPLEX HOUSE', NO. 27, SHAKESHPEARE SARANI, KOLKATA -700 017 REPRESENTED BY ITS MANAGING DIRECTOR 2. SIMPLEX INFRASTRUCTURE LIMITED HAVING ITS BRANCH OFFICE AT Digitally signed by SRIDEVI S Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010065182026 NC: 2026:KHC:46112-DB COMAP No. 70 of 2026 BRIGADE PLAZA, UNIT - 'C' FIRST FLOOR, NO. 71/1 ANAND RAO CIRCLE, SC ROAD, MAJESTIC BENGALURU - 560 009 3. BANGALORE METRO RAIL CORPORATION LIMITED (BMRCL) BMTC COMPLEX, III FLOOR K.H. ROAD, SHANTHI NAGAR BENGALURU - 560 021 REPRESENTED BY ITS EXECUTIVE DIRECTOR …RESPONDENTS THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 13 (1-A) 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 AND 2 UNDER SECTION 8 OF THE ARBITRATION AND CONCILIATION ACT, 1996 IN COM.O.S.NO.690/2024 BY THE LXXXIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, (CCH-90) AND MAY BE PLEASED TO REMAND THE SUIT IN COM.O.S.NO.690/2024 TO THE LXXIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-90) FOR CONSIDERATION THE CASE ON MERITS IN ACCORDANCE WITH LAW IN THE INTEREST OF JUSTICE. 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)(a) of the Arbitration and Conciliation Act, 1996 [A&C Act] - 3 - HC-KAR CNR: KAHC010065182026 NC: 2026:KHC:46112-DB COMAP No. 70 of 2026 read with Section 13(1A) of the Commercial Courts Act, 2015, impugning an order dated 06.12.2025 passed by the learned Commercial Court in IA.No.2 in Com.OS.No.690/2024, whereby the said application filed by the respondents under Section 8 of the A&C Act, praying that the parties be referred to arbitration was allowed. 2. A plain reading of Section 37(1)(a) of the A&C Act indicates that an appeal would lie only against an order refusing to refer the parties to arbitration under Section 8 of the A&C Act. Since the application under Section 8 has been allowed by the impugned order, the same is not appealable. 3. In view of the above, the present appeal is not maintainable, and is, accordingly dismissed. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (K.S. HEMALEKHA) JUDGE SD List No.: 2 Sl No.: 16