- 1 - HC-KAR CNR: KAHC010364162025 NC: 2026:KHC:49864 WP No. 17035 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE B.PRAMOD WRIT PETITION NO.17035 OF 2025 (GM-RES) BETWEEN: M/S. VIDHYAASHRAM EDUCATION FOUNDATION A PUBLIC CHARITABLE TRUST HAVING REGISTERED OFFICE AT NO.22, CRESCENT ROAD CROSS HIGH GROUNDS, KUMARA PARK EAST BENGALURU-560 001 REPRESENTED BY ITS FOUNDER TRUSTEE MR. K. RAKESH RAJE URS AGED ABOUT 49 YEARS UNDER INDIAN TRUSTS ACT …PETITIONER (BY SMT. S. AISHWARYA, ADVOCATE FOR SRI RAJESWARA P.N., ADVOCATE) AND: 1. M/S. GEETANJALI EDUCATIONAL TRUST A REGISTERED TRUST HAVING ITS REGISTERED OFFICE AT NO.77/7, PANATHUR VILLAGE VARTHUR HOBLI BENGALURU-560 087 REP. BY ITS CHAIRMAN TRUSTEE NIKHIL SHIVAPRASAD THROUGH GPA HOLDER N. SHIVAPRASAD Digitally signed by SHARADAVANI B Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010364162025 NC: 2026:KHC:49864 WP No. 17035 of 2025 2. M/S. ACADEMY OF ART AND ARCHITECTURE A REGISTERED TRUST HAVING REGISTERED OFFICE AT CA-2, BOGADI II MYSURU-570 026 REP. BY ITS CHAIRMAN TRUSTEE NIKHIL SHIVAPRASAD THROUGH GPA HOLDER N. SHIVAPRASAD R-1 AND R-2 ARE REGISTERED UNDER INDIAN TRUSTS ACT. 3. SRI N. SHIVAPRASAD S/O. LATE NANJAPPA AGED ABOUT 60 YEARS 4. SMT. UMAPRASAD W/O. N. SHIVAPRASAD AGED ABOUT 55 YEARS RESPONDENT NOS.3 AND 4 ARE R/AT NO.415, 6TH A MAIN HRBR LAYOUT, 2ND BLOCK KALYAN NAGAR BENGALURU-560 043 …RESPONDENTS (BY SMT. SANJANA RAO, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 11.04.2025 ON MEMO IN A.A.NO.9/2024 PASSED BY THE HON'BLE XVI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BENGALURU (CCH-12) AT ANNEXURE-A REJECTING THE MEMO AND CONSEQUENTLY ALLOW THE MEMO AND TRANSFER THE ABOVE APPLICATION - 3 - HC-KAR CNR: KAHC010364162025 NC: 2026:KHC:49864 WP No. 17035 of 2025 TO THE JURISDICTIONAL COMMERCIAL COURT AT ANNEXURE-H. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B.PRAMOD ORAL ORDER The petitioner, defendant before the trial Court, has filed this writ petition challenging the order dated 11.04.2025 passed in A.A.No.9/2024 on a memo, wherein the petitioner had taken a contention that the issue on hand has to be decided by the Commercial Court. By the said order, the trial Court has rejected the memo, and the same is challenged by the petitioner in the present writ petition. 2. Heard Smt. Aishwarya, learned counsel appearing on behalf of Sri. Rajeshwara P N, learned counsel for the petitioner, and Smt. Sanjana Rao, learned advocate appearing for the respondents. - 4 - HC-KAR CNR: KAHC010364162025 NC: 2026:KHC:49864 WP No. 17035 of 2025 3. It is the submission of the learned counsel for the respondents that the Arbitration Application No. 9/2024 has been disposed of on 29.07.2026. 4. Learned counsel for the petitioner does not dispute the disposal of A.A. No. 9/2025 and seeks grant of liberty to raise all contentions in the proposed appeal to be filed. 5. In response, learned counsel for the respondent fairly submits that the petitioner can take contentions which are available in law. 6. Therefore, the apprehension of the petitioner is unfounded. 7. In view of the above submissions, as of now, the present writ petition will not survive for consideration in view of the disposal of the subject Arbitration Application itself, and the petitioner is granted liberty to raise all contentions available in law in the appeal likely to be preferred. - 5 - HC-KAR CNR: KAHC010364162025 NC: 2026:KHC:49864 WP No. 17035 of 2025 Ordered accordingly, and the writ petition is disposed of. No order as to costs. Sd/- (B.PRAMOD) JUDGE BSV List No.: 1 Sl No.: 2