- 1 - HC-KAR NC: 2026:KHC:23882-DB COMAP No. 248 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA COMMERCIAL APPEAL NO. 248 OF 2026 BETWEEN: 1. M/S MYSORE METAL INDUSTRIES A REGISTERED PARTNERSHIP FIRM INCORPORATED AND REGISTERED UNDER THE PARTNERSHIP ACT, AND HAVING ITS REGISTERED OFFICE AT NO 14, CORNWELL CROSS ROAD LANGFORD GARDENS BENGALURU - 560 025 REPRESENTED HEREIN BY ITS DULY AUTHORIZED PARTNER MR. VIVEK PARASHURAM …APPELLANT (BY SRI. I. S. DEVAIAH., ADVOCATE) AND: 1. R.J. RISHIKARAN PROJECTS PVT. LTD. A COMPANY INCORPORATED AND REGISTERED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT PENTHOUSE, R.J MANOR APARTMENT No. 11/A, 80FT ROAD, 3RD BLOCK KORAMANGALA BENGALURU - 560 034 REPRESENTED BY ITS MANAGING DIRECTOR MR. RATNAKAR SHETTY …RESPONDENT Digitally signed by AMBIKA H B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:23882-DB COMAP No. 248 of 2026 THIS COMAP/COMMERCIAL APPEAL FILED UNDER SECTION 37 OF THE ARBITRATION AND CONCILIATION ACT, 1996 1908 R/W SEC.13(1A) OF THE COMMERCIAL COURTS ACT, 2015, PRAYING TO ALLOW THIS APPEAL, AND MODIFY/VARY THE JUDGMENT DATED.04.02.2026 PASSED BY THE COURT OF THE XI ADDITIONAL DISTRICT AND SESSIONS JUDGE (DEDICATED COMMERCIAL COURT), BENGALURU RURAL DISTRICT, BENGALURU, IN COM.A.A.NO.54/2025 ONLY TO THE EXTENT OF EXTENDING THE OPERATION OF THE INTERIM MEASURE GRANTED UNDER THE JUDGMENT DATED.04.02.2026 UNTIL COMPLETION OF ARBITRAL PROCEEDINGS BETWEEN THE APPELLANT AND THE RESPONDENT OR TILL PASSING OF ANY SIMILAR INTERIM MEASURE BY THE ARBITAL TRIBUNAL TO BE CONSTITUTED AND ETC. 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. For the reasons stated in the application – I.A No.3/2026, the same is allowed. The delay of 20 days in filing the appeal is condoned. 2. The appellant has filed the present appeal under Section 37(1)(b) of the Arbitration and Conciliation Act, 1996 [A&C Act] impugning an order dated 04.02.2026 passed by the learned XI Additional District and Sessions Judge, (Dedicated Commercial Court), Bengaluru Rural District, Bengaluru [Commercial Court] in - 3 - HC-KAR NC: 2026:KHC:23882-DB COMAP No. 248 of 2026 Commercial A.A No.54/2025. The appellant had filed the said application seeking interim measures under Section 9 of the A&C Act, which was allowed. The operative part of the impugned order is as under: "O R D E R Application filed by the petitioner under Section 9 of the Arbitration and Conciliation Act, 1996 is hereby allowed in part. By way of temporary injunction, respondent "RJ Rishikaran Projects Pvt. Ltd." or any other persons claiming through or under it are hereby restrained from transferring, conveying, alienating, encumbering, mortgaging or creating any charge with respect to property or any portion of the same in respect of 10 Apartments bearing number A-1803, A-2303, B-1002, B-1801, B-1901 and other five apartments in total 10 apartments falling to the share of the respondents valued more than 12 crores to meet the claim of the applicant until disposal of CMP No.589/2024. This order shall be in force until disposal of CMP No.589/2024 filed by the applicants pending before the Hon'ble High Court of Karnataka or 90 days from the date of order whichever is earlier." 3. The appellant's grievance stems from the direction that the impugned order would be operative till the disposal of CMP No.589/2024 or ninety days whichever is earlier. The appellant had filed the said petition [CMP No.589/2024] under Section 11 of the A&C Act seeking appointment of an arbitrator. The learned - 4 - HC-KAR NC: 2026:KHC:23882-DB COMAP No. 248 of 2026 counsel appearing for the appellant submits that the same was allowed yesterday by this Court and the matter is fixed before the Karnataka Arbitration Centre on 05.06.2026. He submits that in view of the intervening vacations, it would be difficult for the appellant to move the arbitral tribunal under Section 17 of the A&C Act for extending the interim measures of protection. 4. Considering the immediate relief as sought in the present appeal and the ensuing vacations, we consider it apposite to dispose of the present appeal by directing that the impugned order shall continue to be operative till 05.06.2026. 5. In the meanwhile, the appellant is at liberty to move the arbitral tribunal for any urgent interim measures of protection under Section 17 of the A&C Act. Needless to state that if any such application is filed, the same would be considered on its own merits uninfluenced by any observations of this Court or the learned Commercial Court. 6. We clarify that we have not examined the merits of the impugned order and nothing stated in this order should be construed as an expression of concurring with the said order. We - 5 - HC-KAR NC: 2026:KHC:23882-DB COMAP No. 248 of 2026 also clarify that it would also be open for the respondent to move the arbitral tribunal for any interim measures of protection or for vacation of the interim measures. The same may also be considered notwithstanding our order extending the impugned order. 7. The appeal is disposed of in the aforesaid terms. 8. The pending interlocutory application also stands disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE AHB List No.: 2 Sl No.: 16