- 1 - HC-KAR NC: 2026:KHC:10893-DB COMAP No. 529 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA COMMERCIAL APPEAL NO. 529 OF 2025 BETWEEN: SBR BUILDCON A PARTNERSHIP FIRM WITHIN THE MEANING OF PARTNERSHIP ACT, 1932, REPRESENTED BY ITS MANAGING PARTNER, MR. T. VENUGOPAL HAVING REGISTERED OFFICE AT NO. 24/5, SBR HORIZON, FLOOR NO. M, KADUGODI, HOSKOTE ROAD, SEEGEHALLI, BANGALORE-560 067. …APPELLANT (BY SRI. ADITYA VIKRAM BHAT, SRI. SHRAVANTH ARYA TANDRA, SRI ACHYUTHA R BHARADWAJ, ADVOCATES) AND: 1. MR. B. VINOD KUMAR S/O. LATE J. BALARAJ, AGED ABOUT 50 YEARS, RESIDING AT NO. 52, AJ BLESSINGTON, RJ GARDEN, MARATHAHALLI POST, BANGALORE-560 037. 2. MS. B. JOSEPHINE JYOTHI VENI D/O. LATE J. BALARAJ, Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:10893-DB COMAP No. 529 of 2025 AGED ABOUT 52 YEARS, RESIDING AT NO. 52, AJ BELSSINGTON, RJ GARDEN, MARATHAHALLI POST, BANGALORE-560 037. 3. MS. ALPHONSA ANNAM W/O. LATE J. BALARAJ, AGED ABOUT 70 YEARS, RESIDING AT NO. 52, AJ BELSSINGTON, RJ GARDEN, MARATHAHALLI POST, BANGALORE-560 037. 4. M/S BAGMANE DEVELOPERS PRIVATE LIMITED A COMPANY WITHIN THE MEANING OF THE COMPANIES ACT, 2013, HAVING ITS REGISTERED OFFICE AT B BLOCK, 5TH FLOOR, LAUREL BUILDING, BAGMANE TECH PARK, NO. 65/2, C.V. RAMAN NAGAR, BANGALORE-560 093. …RESPONDENTS (BY SRI. K. SHASHI KIRAN SHETTY, SENIOR COUNSEL FOR SMT. LATHA S SHETTY, SRI. RACHEL RAJU ALICE, SRI. JEEVAN GOPAL, ADVOCATES) THIS COMAP IS FILED UNDER SECTION 13 (1-A) OF THE COMMERCIAL COURTS ACT 2015 R/W SECTION 37(1) (B) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO SET ASIDE THE ORDER DT.19.09.2025 IN COM.A.A.NO.363/2025 ON THE FILES OF THE LXXXIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, COMMERCIAL COURT, BENGALURU, (CCH-84), ALLOW THE COMMERCIAL ARBITRATION APPLICATION BEARING COM.A.A.NO.363/2025 FILED BY THE APPELLANT U/S.9 OF THE ARBITRATION AND CONCILIATION ACT, 1996 R/W - 3 - HC-KAR NC: 2026:KHC:10893-DB COMAP No. 529 of 2025 SEC.10(3) OF THE COMMERCIAL COURTS ACT, 2015 AND RULE 9 OF THE HIGH COURT OF KARNATAKA ARBITRATION (PROCEEDINGS BEFORE THE COURTS), RULES 2001 ON THE FILE OF THE LXXXIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, COMMERCIAL COURT, BENGALURU, (CCH-84), BY GRANTING ALL THE RELIEFS SOUGHT THEREIN (ANNEXURE- B). 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. After some arguments, learned counsel appearing for the complainant's submits that he shall approach the arbitral tribunal for any interim measures of protection. 2. Sri Shashi Kiran Shetty, learned Senior Counsel appearing for the respondent has no objection to the said course. 3. In view of the above, the present appeal is disposed of. We however, clarify that this order will not preclude the parties from seeking any interim measures of protection as may be advised before the arbitral Tribunal. - 4 - HC-KAR NC: 2026:KHC:10893-DB COMAP No. 529 of 2025 4. Needless to state, all contentions of the parties in this regard are reserved. 5. The interlocutory pending application is also disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE BS List No.: 1 Sl No.: 41