Karnataka High Court
Siddharth Navin Salian vs Rekha Biswas on 7 January, 2025
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NC: 2025:KHC:181-DB
COMAP No. 581 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF JANUARY, 2025
PRESENT
THE HON'BLE MR JUSTICE V KAMESWAR RAO
AND
THE HON'BLE MR JUSTICE S RACHAIAH
COMMERCIAL APPEAL NO. 581 OF 2024
BETWEEN:
SIDDHARTH NAVIN SALIAN,
S/O CHENNAPPA SALIAN,
AGED ABOUT 40 YEARS,
R/AT AMBER KUTIR,
5TH FLOOR, 166 SHIVAJI PARK,
DR. M.B. RAUT ROAD,
MUMBAI - 400 028.
AND WORKING FOR GAIN AT:
2M ATELIERS AND DESIGN PVT. LTD.,
62, FLOOR 3, EVERGREEN INDUSTRIAL
ESTATE, DR. E. MOSES ROAD,
SHAKTI MILL LANE, JACO B CIRCLE,
MUMBAI CITY, MUMBAI,
Digitally signed
by MAHARASHTRA, INDIA - 400 051.
SREEDHARAN
BANGALORE
SUSHMA
LAKSHMI ...APPELLANT
Location: HIGH
COURT OF
(BY SMT. RUPA RON, ADVOCATE FOR
KARNATAKA SRI. KIRAN V RON, ADVOCATE)
AND:
1. REKHA BISWAS
D/O RAJKUMAR KHATRI,
AGED ABOUT 41 YEARS,
C 601, SHRIRAM LUXOR,
HENNUR BAGLUR MAIN ROAD,
BENGALURU - 560 077.
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NC: 2025:KHC:181-DB
COMAP No. 581 of 2024
2. MAXIMILLANO MODESTI
S/O DELFINO MODESTI,
AGED ABOUT 48 YEARS,
HAVING OFFICE AT 2M ATELIERS,
AND DESIGN PVT LTD.,
62, FLOOR 3, EVERGREEN INDUSTRIAL ESTATE
DR. E. MOSES ROAD,
SHAKTHI MILL LANE,
JACO, B CIRCLE, MUMBAI CITY,
MUMBAI, MAHARASHTRA,
INDIA - 400 051.
3. STUDIO SILAI LLP
REGISTERED UNDER THE LIMITED
LIABILITY PARTNERSHIP ACT 2008
HAVING REGISTERED OFFICE AT
SY. NO.33,
MANASVI EDIFICE, KOTHANUR MAIN ROAD,
BEHIND AMMAS PASTERIES,
KOTHANUR, BENGALURU,
BENGALURU NORTH, KARNATAKA
INDIA - 560 077.
REPRESENTED HEREIN BY ALL ITS
DESIGNATED PARTNERS.
...RESPONDENTS
(BY SRI. PRADEEP NAYAK, ADVOCATE FOR C/R1)
THIS COMAP IS FILED UNDER SEC.13(1) OF THE
COMMERCIAL COURTS ACT, 2015 PRAYING TO SET ASIDE THE
ORDERS DATED 18.12.2024, 13.12.2024, 12.12.2024 AND
28.11.2024 PASSED IN COMMERCIAL A.A. NO. 279/2024 ON
THE FILE OF LXXXVII ADDITIONAL CITY CIVIL AND SESSIONS
JUDGE (COMMERCIAL COURT) (CCH 88), BENGALURU AT
ANNEXURES A, D, E AND F RESPECTIVELY, IN SO FAR AS THEY
EXTEND THE INTERIM ORDER DATED 20.08.2024 AND ETC.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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NC: 2025:KHC:181-DB
COMAP No. 581 of 2024
CORAM: HON'BLE MR JUSTICE V KAMESWAR RAO
and
HON'BLE MR JUSTICE S RACHAIAH
ORAL JUDGMENT
(PER: HON'BLE MR JUSTICE V KAMESWAR RAO)
1. The present appeal has been filed with the following
prayers:
"a) Set aside the orders dated 18.12.2024,
13.12.2024, 12.12.2024 and 28.11.2024 passed in
Commercial A.A. No.279/2024 on the file of LXXXVII
Addl. City Civil & Sessions Judge (Commercial Court)
(CCH-88), Bengaluru, at Annexures A, D, E and F
respectively, in so far as they extend the Interim
order dated 20.08.2024;
b) Allow the application I.A. No.6 dated 01.10.2024
filed by the Appellant in Com. A.A. No.279/2024 on
the file of LXXXVII Addl. City Civil & Sessions Judge
(Commercial Court) (CCH-88), Bengaluru under Order
XXXIV Rule 4 of the Code of Civil Procedure, which is
produced at Annexure J;
c) Consequently set aside the ad-interim orders dated
20.08.2024 passed on I.A. Nos.2, 3 and 4 in Com.
A.A. No.279/2024 on the file of LXXXVII Addl. City
Civil & Sessions Judge (Commercial Court) (CCH-88),
Bengaluru, which is produced at Annexure-B; and
d) Grant such other and further reliefs as this Hon'ble
Court may deem fit in the facts and circumstances of
the case, in the interest of justice and equity."
NC: 2025:KHC:181-DB
2. Conceding the order passed in on an application filed
under Section 9 of the Arbitration and Conciliation Act,
1996 ('Act of 1996' in short), learned counsel for the
parties on instructions states that the parties be relegated
to the arbitration process by appointing an Arbitrator.
They agree that the Arbitrator be appointed by the
Arbitration and Conciliation Centre, Bengaluru from its
panel.
3. Noting the said submissions, the parties are relegated to
the arbitration process under the aegis of the Arbitration
and Conciliation Centre, Bengaluru. The Director of the
Arbitration and Conciliation Centre, Bengaluru shall
appoint an Arbitrator, a retired Judge of the High Court
from its panel.
4. The appointment of the learned Arbitrator shall be
regulated by the rules framed by the Arbitration and
Conciliation Centre, Bengaluru.
5. Accordingly, the parties and their counsel are directed to
appear before the Director, Arbitration and Conciliation
Centre, Bengaluru on 10.01.2025.
NC: 2025:KHC:181-DB
6. It goes without saying that all the contentions of the
parties are left open to be agitated before the learned
Arbitrator for his consideration and decision. They are
also at liberty to file such application as deem appropriate
before the learned Arbitrator, for a decision thereof.
7. The appeal is disposed of.
8. Let the copy of the order be sent to the Director,
Arbitration and Conciliation Centre, Bengaluru through e-
mail.
9. Parties are also at liberty to submit a copy of this order to
the Director of the Arbitration and Conciliation Centre,
Bengaluru.
Pending I.A No.1/2024 do not survive for consideration
and stands disposed of.
Sd/-
(V KAMESWAR RAO)
JUDGE
Sd/-
(S RACHAIAH)
JUDGE
