- 1 - HC-KAR NC: 2026:KHC:24444-DB WP No. 13954 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF APRIL, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 13954 OF 2026 (GM-CPC) BETWEEN: MR A R ABDUL RAZAK AGED ABOUT 39 YEARS, S/O MR. S. ABDUL RAHEEM, RESIDING AT NO. 42, 9TH B MAIN ROAD, LIC COLONY, JEEVAN BHEEMA NAGAR, BENGALURU 560075 …PETITIONER (BY MR. AJAY M NORONHA, ADVOCATE FOR SRI. CYRIL PRASAD PAIS, ADVOCATE) AND: 1. M/S ASHRITHA HOUSE BUILDING CO-OPERATIVE SOCIETY (REGD.) HAVING OFFICE AT NO. 12 & 13, 1ST FLOOR, SUMANA COMPLEX, SHALIVAHANA ROAD, NAZARBAD, MYSURU 570010 REPRESENTED BY ITS PRESIDENT SRI HONNEGOWDA, AGED ABOUT 72 YEARS, S/O LATE. KEMPEGOWDA 2. SRI. P.D. CHADRANKANTH, AGED ABOUT 65 YEARS, Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:24444-DB WP No. 13954 of 2026 S/O LATE. P. DODDAPPAGOWDA, RESIDING AT NO. 202, AASHIANA APARTMENT, NO. 47/10, 6TH A CROSS, SADASHIVANAGAR, BENGALURU 560080 3. SRI. A. PUSHPARAJA SHETTY, AGED ABOUT 70 YEARS, S/O SRI. JAGANNATHA SHETTY RESIDING AT NO. 603, S.L.R. MANSION, 1ST BLOCK, BASAVESHWARANAGAR BENGALURU 560079 …RESPONDENTS (BY SRI. N.G. SREEDHAR, ADVOCATE FOR C/R1) THIS WP IS FILED UNDER ARTICLES 226 & 227 of the CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER DATED 16.04.2026 PASSED BY THE II ADDITIONAL DISTRICT AND SESSIONS COURT, MYSURU ON I.A. NO. 3/2026 IN COMMERCIAL EXECUTION PETITION NO. 51/2026 CONSEQUENTLY ALLOW THE APPLICATION FILED BY THE PETITIONER UNDER ORDER XXI RULE 29 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE IN COMMERCIAL EXECUTION PETITION NO. 51/2026GRANT AN INTERIM PRAYER TO STAY ALL FURTHER PROCEEDINGS IN COMMERCIAL EXECUTION PETITION NO. 51/2026 PENDING ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS COURT, MYSURU, IN THE INTEREST OF JUSTICE AND EQUITY. - 3 - HC-KAR NC: 2026:KHC:24444-DB WP No. 13954 of 2026 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The petitioner has filed the present petition impugning an order dated 16.04.2026, whereby the Commercial Court had rejected the application filed by the petitioner under Order XXI Rule 29 read with Section 151 of the Code of Civil Procedure, 1908 in Commercial Execution Petition No.51/2026. 2. The petitioner was the respondent in arbitral proceedings that has culminated in an arbitral award dated 31.08.2023. The said award is subject matter of an application to set aside the same under Section 34 of the Arbitration and Conciliation Act, 1996 [A&C Act]. The said application (Com.A.P.No.194/2023) was rejected by an order dated 11.03.2025 by the learned Commercial Court. - 4 - HC-KAR NC: 2026:KHC:24444-DB WP No. 13954 of 2026 3. The petitioner has preferred an appeal (COMAP No.318/2025) against the order dated 11.03.2025 dismissing the petition to set aside the arbitral award. The said appeal, filed under Section 37(1)(c) of the A&C Act, is pending. 4. The order which is impugned in the present petition is not appealable under Section 13(1A) of the Commercial Courts Act, 2015 [CC Act]. The remedy of an appeal under Section 13(1A) of the CC Act is restricted. The legislative intent is clearly to restrict interference with orders other than those stipulated, in matters involving commercial disputes. 5. We are also of the view that entertaining a writ petition on merits of the order, against which no appeal is provided under the CC Act, would run contrary to the legislative intent. It would frustrate the legislative intent, if the Court entertains petitions in exercise of its extraordinary jurisdiction under Article 226 or 227 of the Constitution of India on merits of the orders only on the ground that no appeal is provided under the CC Act. 6. We find no ground to entertain the present petition. The same is dismissed. - 5 - HC-KAR NC: 2026:KHC:24444-DB WP No. 13954 of 2026 7. All pending applications are also disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE ND List No.: 2 Sl No.: 52