- 1 - HC-KAR NC: 2026:KHC:4195-DB COMAP No. 483 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA COMMERCIAL APPEAL NO. 483 OF 2024 BETWEEN: MR KUSH SHAH DIRECTOR M/S FLYYX TECHNOLOGIES PVT LTD AGED ABOUT 50 YEARS RESIDING AT 806, 10TH MAIN 5TH CROSS, KORAMANGALA 4TH BLOCK, BANGALORE 34 …APPELLANT (BY SRI. AJAY RAO, ADVOCATE) AND: 1. M/S FLYYX TECHNOLOGIES PVT LTD A COMPANY INCORPORATED UNDER THE COMPANIES ACT 2013 HAVING ITS OFFICE AT 4TH FLOOR MAA GRACE, 7TH CROSS ROAD KORAMANGALA, 1A BLOCK BENGALURU 34 REPRESENTED BY DIRECTORS 2. MR. DINESH KUMAR GURNANI AGED MAJOR DIRECTOR Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4195-DB COMAP No. 483 of 2024 M/S FLYYX TECHNOLOGIES PVT LTD HAVING OFFICE AT 4TH FLOOR MAA GRACE, 7TH CROSS ROAD KORAMANGALA, 1A BLOCK BENGALURU 34 3. MRS. HEMALATHA CHEVURU AGED MAJOR DIRECTOR M/S FLYYX TECHNOLOGIES PVT LTD HAVING OFFICE AT 4TH FLOOR MAA GRACE, 7TH CROSS ROAD KORAMANGALA, 1A BLOCK BENGALURU 34 4. MR. SUNNY GURNANI AGED MAJOR RESIDING AT 325, 8TH CROSS ROAD ST BED LAYOUT OPPOSITE MANTRI CLASSIC APARTMENT KORAMANGALA, 4TH BLOCK BANGALORE 34 5. MR. VENKATESH RAO CHEVURU AGED MAJOR RESIDING AT P2, 4TH FLOOR ANNAPOORNA STUDIO LIVING 12/4, HOSUR ROAD WILSON GARDEN BENGALURU 560 027 …RESPONDENTS THIS COMAP IS FILED UNDER SECTION 13 (1-A) OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO SET ASIDE THE ORDER DATED 12.08.2024 (AT ANNEXURE-A) PASSED BY THE LXXXVI ADDL. CITY CIVIL AND SESSIONS JUDGE, COMMERCIAL COURT, BANGALORE (CCH NO. 87 IN COM AA NO. 169/2024 AND CONSEQUENTLY ALLOW THE APPLICATION I.E., COM AA NO. 169/2024 FILED BY THE APPELLANT. - 3 - HC-KAR NC: 2026:KHC:4195-DB COMAP No. 483 of 2024 THIS APPEAL, COMING ON FOR ORDERS, 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 appellant has filed the present appeal under Section 37(1A) of the Arbitration and Conciliation Act, 1996 [A&C Act] impugning an order dated 12.08.2024 in Com.A.A. No.169/2024 passed by the LXXXVI Addl. City Civil & Sessions Judge, Commercial Court, Bengaluru (CCH-87) [Commercial Court]. 2. Learned Commercial Court had rejected the appellant's application under Section 9 of the A&C Act. It is noticed that apart from the present appeal being filed after a delay of 28 days, the appeal filed is also defective. The present appeal was listed before the concerned Joint Registrar for curing the defects on 21.11.2024 and time was granted to the appellant to cure the defects. The appellant did not do so. Once again, on 23.01.2025, further time was granted to the appellant to cure the defects. But the appellant failed to do so. We note that the present appeal was listed before - 4 - HC-KAR NC: 2026:KHC:4195-DB COMAP No. 483 of 2024 the concerned Registrar on two further occasions. But the appellant failed to cure the defects. It was listed before the co-ordinate Bench of this Court on 24.11.2025. Once again the appellant had sought time to cure the defects. The appeal is now listed nearly more than fourteen months after the impugned order was passed. 3. On a pointed query from the Court, as to whether, in the meanwhile, the appellant had taken steps for constitution of the Arbitral Tribunal; the learned counsel for the appellant states that an application under Section 11 of the A&C Act was filed in the year 2025, however, he is not aware of the status of the said application. The interim measures of protection under Section 9 of the A&C Act are required to be passed in cases where there is an urgency for passing such order. But in the present case, the facts do not indicate that the appellant has not shown any grave urgency in pursuing his remedies for interim orders. 4. At this stage, learned counsel appearing to the appellant submits that he may be permitted to withdraw the present appeal with liberty to approach the Arbitral Tribunal, as and when constituted, under Section 17 of the A&C Act. Clearly there is no impediment for the appellant to seek interim measures of protection - 5 - HC-KAR NC: 2026:KHC:4195-DB COMAP No. 483 of 2024 from the Arbitral Tribunal. Needless to state that if any such application is made, the Arbitral Tribunal would consider the same in accordance with law. 5. The appeal is dismissed as withdrawn. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE BS List No.: 2 Sl No.: 9