- 1 - HC-KAR NC: 2026:KHC:2383-DB M.F.A. No.7923/2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JANUARY, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO.7923/2015 (AA) BETWEEN: SRI. ASHOK S. DHARIWAL S/O SUGANCHAND DHARIWAL AGED ABOUT 58 YEARS R/AT NO.H-8/32, BULL TEMPLE ROAD BASAVANAGUDI, BANGALORE-560 004. …APPELLANT (BY SRI. P.D. SURANA, ADV.,) AND: 1. MAHAVER K. RANKA S/O LATE KALURAM RANKA AGED ABOUT 63 YEARS R/AT NO.H-7, 30TH CROSS 5TH MAIN ROAD, JAYANAGAR BANGALORE-560 011. SINCE DEAD REP. BY LR'S. 1(a) SRI. AJIT RANKA S/O LATE MAHAVEER RANKA AGED ABOUT 43 YEARS. 1(b) SRI. AKASH RANKA S/O LATE MAHAVEER RANKA Digitally signed by ARSHIFA BAHAR KHANAM Location: High Court Of Karnataka - 2 - HC-KAR NC: 2026:KHC:2383-DB M.F.A. No.7923/2015 AGED ABOUT 35 YEARS. 1(c) SMT. SAPNA KOTHARI D/O LATE MAHAVEER RANKA AGED ABOUT 40 YEARS. RESPONDENTS 1(a) TO 1(c) ARE R/AT. NO.7, 30TH CROSS 5TH MAIN ROAD, JAYANAGAR BANGALORE-560011. 2. P. MANJUNATH S/O P.Y. SHETTY AGED ABOUT 49 YEARS R/AT NO.1282, 13TH CROSS 2ND STAGE, INDIRANAGAR BANGALORE-560 038. 3. B.N. SATHYANARAYANA S/O B.R. NANJUNDAYYA AGED AOBUT 78 YEARS R/AT NO.107, SPM ROAD SHIMOGA. 4. K.A. UMESH S/O K.S. ASHOK KUMAR AGED ABOUT 33 YEARS R/AT NO.19, SHANTHAPPA LANE CHICKPET CROSS BANGALORE-560 002. 5. HDFC BANK LTD EMPIRE INFANTRY BRANCH INFANTRY ROAD BANGALORE-560 001 REP. BY ITS BRANCH MANAGER. 6. SRI. AKASH RANKA S/O MAHAVEER RANKA AGED ABOUT 30 YEARS R/AT NO.7, 5TH MAIN ROAD - 3 - HC-KAR NC: 2026:KHC:2383-DB M.F.A. No.7923/2015 30TH CROSS, JAYANAGAR BANGALORE-560 011. 7. SRI. K.N. GIRISH S/O K.S. NAGABHUSHAN AGED ABOUT 33 YEARS R/AT NO.19, SHANTHAPPA LANE BANGALORE -560 002. 8. SRI. K.R.TEJAS S/O K.S. RAVINDRANATH AGED ABOUT 29 YEARS R/AT NO.19, SHANTHAPPA LANE BANGALORE-560 002. 9. IDBI BANK NO.26/1, SOUBHAGYA COMPLEX J.P.NAGAR, SARAKKI LAKE BRANCH BANGALORE-560 078 REP. BY ITS BRANCH MANAGER. …RESPONDENTS (BY SRI. S.D.N. PRASAD, ADV., FOR C/R1 (a to c), R8, R2 TO R4, R6 & R7 R5 & R9 SERVICE OF NOTICE IS D/W V.C.O. DTD:24.02.2016) ------ THIS MFA IS FILED U/S 37(1)(a) OF THE ARBITRATION AND CONCILIATION ACT, 1966, PRAYING TO SET ASIDE THE ORDER DATED 08.09.2015 MADE IN A.A.NO.232/2011 ON THE FILE OF XL ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-41), AT BANGALORE IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 4 - HC-KAR NC: 2026:KHC:2383-DB M.F.A. No.7923/2015 CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL) This appeal is filed challenging the order dated 08.09.2015 passed in AA.No.232/2011 by the XL Additional City Civil and Sessions Judge (CCH-41), Bengaluru, wherein IA.No.XVII filed under Order VII Rule 11 r/w Section 151 of the Code of Civil Procedure (for short 'the CPC') and IA.No.XVIII filed under rule 9(4) of the High Court of Karnataka Arbitration (Proceedings before the Courts) Rules, 2001 r/w Section 151 of the CPC were allowed. Consequently, the petition filed under Section 9 of the Arbitration and Conciliation Act, 1996 (for short 'the Act') r/w Rule 9 of the Arbitration (Proceeding) Rules 2001 came to be rejected. 2. Learned counsel for the respondents Sri.S.D.N.Prasad submits that the appellant had initiated - 5 - HC-KAR NC: 2026:KHC:2383-DB M.F.A. No.7923/2015 the arbitration proceedings. The Arbitral Tribunal held that the dispute was not arbitrable and the said order was challenged under Section 34 of the Act before the trial Court, which came to be dismissed. The said dismissal was further assailed in CRP.No.29/2019 which also came to be dismissed. 3. In view of the above, nothing survives for consideration in this appeal. Accordingly, the appeal stands dismissed. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE ABK List No.: 1 Sl No.: 32