- 1 - HC-KAR CNR: KAHC010573862026 NC: 2026:KHC:47671-DB COMAP No. 401 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF SEPTEMBER, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA COMMERCIAL APPEAL NO. 401 OF 2026 BETWEEN: 1. M/S PEPPER INTERACTIVE COMMUNICATIONS NO. 19/5-19/6, 6TH FLOOR KAREEM TOWERS CUNNINGHAM ROAD BENGALURU - 560 052 AUTHORIZED REPRESENTATIVE MR. ROSHAN MOHAN …APPELLANT (BY SRI HIRAN KRISHNASWAMY, ADVOCATE) AND: 1. M/S CRESURGE E BUSINESS SOLUTION PVT. LTD. A REGISTERED PRIVATE LIMITED COMPANY HAVING ITS OFFICE AT 3RD FLOOR, MANANDI PLAZA ST. MARKS ROAD, SHANTALA NAGAR ASHOK NAGAR, BENGALURU - 560 050 AUTHORIZED REPRESENTATIVE MR. AKSHAY KUMAR …RESPONDENT (BY SRI N. VENKATESH KAMATH, ADVOCATE FOR SRI CHINTAN CHINNAPPA, ADVOCATE FOR C/RESPONDENT) Digitally signed by SRIDEVI S Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010573862026 NC: 2026:KHC:47671-DB COMAP No. 401 of 2026 THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 13(1- A) OF COMMERCIAL COURTS ACT, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 23.07.2026 PASSED BY THE LEARNED LXXXII ADDITIONAL DISTRICT AND SESSIONS JUDGE, (COMMERCIAL COURT) AT BENGALURU (CCH-83) IN COMMERCIAL COM.AP.11/2026 (ANNEXURE-A) & 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. At the outset, the learned counsel for the respondent has raised a preliminary objection as to the maintainability of the present appeal. He contends that although the impugned order, whereby the arbitral award has been stayed, subject to the condition of depositing 75% of the principal amount, records that it is an order under Section 151 of CPC; the said order, is in substance, an order under Section 36(3) of the Arbitration and Conciliation Act, 1996 [A&C Act]. Thus, no appeal lies against the said order under Section 37 of the A&C Act. - 3 - HC-KAR CNR: KAHC010573862026 NC: 2026:KHC:47671-DB COMAP No. 401 of 2026 2. The learned counsel appearing for the appellant seeks to withdraw the appeal. 3. The present appeal is dismissed as withdrawn. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (K.S. HEMALEKHA) JUDGE SD List No.: 2 Sl No.: 11