- 1 - HC-KAR NC: 2026:KHC:5367-DB COMAP No. 464 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL COMMERCIAL APPEAL NO.464 OF 2022 BETWEEN: SRI P D CHIDANAND AGED ABOUT 52 YEARS S/O SRI P DODDANAIAK R/AT C/O SRI A K ASHOK # 003, KCR ELITE APARTMENT 25 FT ROAD, SARASWATIPURAM BENGALURU - 560 008. …APPELLANT (BY SRI. DHYAN CHINNAPPA, SR. ADV. FOR SRI. M B ANIRUDH, ADVOCATE) AND: SRI K V NAIDU S/O K C NAIDU AGED ABOUT 54 YEARS R/AT GROUND FLOOR C DR. GROOVE APARTMENT 1ST MAIN ROAD, RMV 2ND STAGE Digitally signed by BANGALORE ANJANAPPA KRISHNA KUMAR Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:5367-DB COMAP No. 464 of 2022 DOLLAR COLONY BENGALURU - 560094 …RESPONDENT (BY SRI. K.N.PHANINDRA, SR. ADV. FOR SRI. NANJA REDDY P. N. AND SMT. LEELA P. DEVADIGA, ADVOCATES) THIS COMAP IS FILED UNDER SECTION 13(1A) OF THE COMMERCIAL COURTS ACT, 2015, PRAYING TO (A) SET ASIDE THE ORDER DATED 13/10/2022 IN COM.A.A.NO.242/2022 PASSED BY THE COURT OF THE LXXXVIII ADDITIONAL CITY CIVIL AND SESSION JUDGE, COMMERCIAL COURT AT BENGALURU (COURT HALL NO. 89) PASSED ON I.A.NO.V DATED 25/08/2022 FILED BY THE RESPONDENT UNDER SECTION 151 OF CPC, 1908. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL - 3 - HC-KAR NC: 2026:KHC:5367-DB COMAP No. 464 of 2022 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL) This appeal is filed assailing the order dated 13.10.2022 passed in Com.A.A. No.242/2022, wherein the appellant's application under Section 9 of the Arbitration and Conciliation Act, 1996 was considered and returned to the applicant with a direction to present the said application before the appropriate Court having jurisdiction. 2. Heard Sri Dhyan Chinnappa, learned Senior Counsel appearing for the appellant and Sri K.N. Phanindra, learned Senior Counsel appearing for the respondent. 3. It is submitted that during the pendency of this appeal, the appellant filed CMP No.577/2024 and the learned Single Judge of this Court, vide order dated 30.06.2025 has appointed a retired District Judge as an arbitrator to resolve the dispute between the parties. It is submitted that now arbitration proceedings have been commenced. 4. In view of the same, we are of the considered view that the appellant shall move appropriate application before the arbitrator seeking relief in accordance with law. The appellant - 4 - HC-KAR NC: 2026:KHC:5367-DB COMAP No. 464 of 2022 is granted three weeks time from today to move proper application seeking interim relief. Till such time, the interim order granted by this Court on 14.11.2022 shall enure to the benefit of the appellant. 5. With the above observation, this appeal is disposed of. It is needless to observe that this Court has not expressed any opinion on the merits of the matter. The learned arbitrator shall consider the intended application of the appellant on its merits and in accordance with law, expeditiously. In view of disposal of main appeal, pending applications if any, also stand disposed of. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE PN List No.: 1 Sl No.: 25