- 1 - HC-KAR NC: 2026:KHC:6783-DB COMAP No. 336 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA COMMERCIAL APPEAL NO. 336 OF 2025 BETWEEN: 1. M/s. SMM SILK REELING INDUSTRY (ARM) A PARTNERSHIP FIRM REGISTERED UNDER INDIAN PARTNERSHIP ACT, 1932 PRINCIPAL PLACE OF BUSINESS AT NO.3398, KUMANDAN MOHALLA RAMANAGARA TOWN RAMANAGARA TALUK RAMANAGARA DISTRICT - 562 159 (REPRESENTED BY ITS PARTNER SYED MOHAMMED MASEEH ULLA) 2. MR. SYED MOHAMMED MASEEH ULLA S/O. MR. SYED SHAFIULLA AGED ABOUT 36 YEARS R/O. NO.3398, KUMANDAN MOHALLA RAMANAGARA TOWN RAMANAGARA TALUK RAMANAGARA DISTRICT - 562 159 3. MR. SYED SHAFIULLA S/O. LATE SYED RAHAMAN AGED ABOUT 70 YEARS R/O. NO.3398, KUMANDAN MOHALLA Digitally signed by SRIDEVI S Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:6783-DB COMAP No. 336 of 2025 RAMANAGARA TOWN RAMANAGARA TALUK RAMANAGARA DISTRICT - 562 159 4. MRS. NOOR FATHIMA W/O. MR. SYED SHAFIULLA AGED ABOUT 63 YEARS R/O. NO.3398 KUMANDAN MOHALLA RAMANAGARA TOWN RAMANAGARA TALUK RAMANAGARA DISTRICT - 562 159 …APPELLANTS (BY SRI SUMATHI PAULINE, ADVOCATE) AND: 1. MRS. AFSHANA PARVEEN D/O MR. AFSAR PASHA AGED ABOUT 31 YEARS R/AT FLAT NO.5 NO.1690, 3RD STAGE RAJIV NAGAR MYSORE - 570 019 …RESPONDENT (BY MS. SHRAVANI REDDY Y.R., ADVOCATE FOR SRI ABDUL RAZAK, ADVOCATE) THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 13 (1-A) OF THE COMMERCIAL COURTS ACT, 2015 READ WITH SECTION 37 OF THE ARBITRATION AND CONCILIATION ACT READ WITH ORDER 43 RULE (1) AND SECTION 151 OF THE CODE OF CIVIL PROCEDURE PRAYING TO SET ASIDE THE EXPARTE INJUNCTION ORDER DATED 02.05.2025 PASSED BY HON'BLE PRINCIPAL DISTRICT AND SESSIONS JUDGE (DESIGNATED COMMERCIAL COURT) RAMANAGARA IN COM.A.A.1/2025 & ETC. - 3 - HC-KAR NC: 2026:KHC:6783-DB COMAP No. 336 of 2025 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 MR. JUSTICE C.M. POONACHA ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The appellants have filed the present appeal under Section 37(1)(b) of the Arbitration and Conciliation Act, 1996 [A&C] r/w Section 13(1A) of the Commercial Courts Act, 2015, impugning the order dated 02.06.2005, passed by the learned Commercial Court in I.A.No.1 in A.A.No.1/2025. The respondent had filed the said application (AA.No.1/2025) under Section 9 of the A&C Act seeking interim measures of protection. The learned Commercial Court had restricted the appellants from encumbering or alienating the scheduled property till further orders. 2. It is apparent from the impugned order that it is an ad-interim order. The learned Commercial Court has not disposed of the application (AA.1/2025) as yet. 3. In view of the above, we do not consider it apposite to entertain the present appeal. However, we request the learned - 4 - HC-KAR NC: 2026:KHC:6783-DB COMAP No. 336 of 2025 Commercial Court to dispose of the application expeditiously. Needless to state that it is open for the appellants to raise all contentions before the learned Commercial Court. 4. This Court is also informed that the respondent, who is the applicant before the learned Commercial Court, has not taken any steps for commencing the arbitral proceedings in terms of Section 21 of the A&C Act. The learned Commercial Court shall also take note of the same, including in the context of Section 9(2) of the A&C Act. 5. Accordingly, the present appeal is disposed of. 6. Pending application stands disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE SD List No.: 1 Sl No.: 10