- 1 - HC-KAR CNR: KAHC010444272025 NC: 2026:KHC:54844-DB COMAP No. 399 of 2025 C/W COMAP No. 447 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF SEPTEMBER, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN COMMERCIAL APPEAL NO. 399 OF 2025 C/W COMMERCIAL APPEAL NO. 447 OF 2025 IN COMAP No. 399/2025 BETWEEN: 1. SHABANA SHAHAB DAUGHTER OF SHAHABUDDIN AGED ABOUT 51 YEARS RESIDING AT 8044, TOWER 8, 4TH FLOOR, PRESTIGE SONG OF THE SOUTH, AKSHAYANAGAR, BEGUR ROAD, BANGALORE 560 068 …APPELLANT (BY SMT. SANJANA RAO., ADVOCATE) AND: 1. SORTING HAT TECHNOLOGIES PVT LTD A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT MARUTHI INFOTECH CENTRE, Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010444272025 NC: 2026:KHC:54844-DB COMAP No. 399 of 2025 C/W COMAP No. 447 of 2025 3RD FLOOR, A BLOCK, DOMLUR, BANGALORE 560 071 REPRESENTED BY ITS MANAGING DIRECTOR …RESPONDENT (BY SRI. KASHYAP N NAIK FOR C/R (CP No.12779/25) AND ALSO ACCEPTS NOTICE FOR RESPONDENT) THIS COMAP IS FILED UNDER SECTION 13(1-A) OF THE COMMERCIAL COURT ACT, 2015, PRAYING TO ALLOW THE APPEAL AND SET ASIDE THE ORDER 16.06.2025 PASSED BY THE HONBLE LXXXIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (COMMERCIAL COURT) IN COM.A.A. NO.133/2025, IN THE INTEREST OF JUSTICE AND EQUITY. IN COMAP NO. 447/2025 BETWEEN: 1. RAMAN TIWARI SON OF BHUSHAN TIWARI AGED ABOUT 34 YEARS G-5B, BUDH VIHAR, PHASE - 1, NEW DELHI - 110 086 ...APPELLANT (BY SMT. SANJANA RAO., ADVOCATE) AND: 1. M/S SORTING HAT TECHNOLOGIES PVT LTD., A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 2013 HAVING ITS REGISTERED OFFICE AT MARUTHI INFOTECH CENTRE, 3RD FLOOR, A BLOCK, DOMLUR, KORAMANGALA INNER RING ROAD, BANGALORE 560 071 - 3 - HC-KAR CNR: KAHC010444272025 NC: 2026:KHC:54844-DB COMAP No. 399 of 2025 C/W COMAP No. 447 of 2025 REPRESENTED BY ITS MANAGING DIRECTOR ...RESPONDENT (BY SRI. KASHYAP N NAIK FOR C/R (CP No.15722/25) AND ALSO ACCEPTS NOTICE FOR RESPONDENT) THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 13 (1A) OF THE COMMERCIAL COURTS ACT, 2015 PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO ALLOW THE APPEAL AND SET ASIDE THE ORDER DATED 14.07.2025 PASSED BY THE HON'BLE LXXXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (COMMERCIAL COURT) IN COM.A.A. NO.132 OF 2025, IN THE INTEREST OF JUSTICE AND EQUITY. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) 1. The present appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Arbitration Act') read with Section 13(1A) of the Commercial Courts Act, 2015 has been filed against the order dated 16.06.2025 passed in Commercial Arbitration Application No.133/2025 filed under Section 9 of the Arbitration Act by the respondent herein. - 4 - HC-KAR CNR: KAHC010444272025 NC: 2026:KHC:54844-DB COMAP No. 399 of 2025 C/W COMAP No. 447 of 2025 2. The Court below has partly allowed the application and directed the appellant herein to furnish security to the satisfaction of the Court to secure the claim of the respondent to an extent of Rs.32,52,332/-. It has been directed that the appellant shall disclose on oath all her movable and immovable assets to the extent of the sum of Rs.32,52,332/- to enable the petitioner to take appropriate steps for securing its claim to that extent. It has been further directed that the interim relief so granted shall be in force initially for a period of 90 days from the date of the order and in case the respondent takes steps for initiating the arbitral proceedings within the said period of 90 days, the interim order would continue till disposal of the arbitration proceedings. 3. We have been informed that the learned Arbitrator has entered into reference. Therefore, without going into the merits of the case, as the Arbitrator has entered into reference, we deem it appropriate to permit the claimant to file an appropriate application under Section 17 of the Arbitration Act to claim the interim relief and that application shall be considered by the Arbitrator in accordance with law without - 5 - HC-KAR CNR: KAHC010444272025 NC: 2026:KHC:54844-DB COMAP No. 399 of 2025 C/W COMAP No. 447 of 2025 being influenced by any of the observations made in the impugned order dated 16.06.2025 passed by the LXXXIII Additional City Civil and Sessions Judge, Commercial Court, Bangalore, in Commercial A.A.No.133/2025 filed under Section 9 of the Act. 4. As we have permitted the claimant to file fresh application under Section 17 of the Act, we are setting aside the order impugned in this appeal without going into the merits of the matters. We make it clear that we have not gone into the merit of the order passed by the Commercial Court under Section 9 of the Act. 5. Accordingly, these appeals are allowed. Sd/- (D K SINGH) JUDGE Sd/- (H.SHANTHI BHUSHAN) JUDGE NG CT:SN, List No.: 1 Sl No.: 22