Karnataka High Court
Flipkart Internet Private Limited vs Ecom Express Private Limited on 6 June, 2025
-1-
NC: 2025:KHC:19109-DB
COMAP No. 307 of 2025
AND COMAP No. 308 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF JUNE, 2025
PRESENT
THE HON'BLE MR V KAMESWAR RAO, ACTING CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE C M JOSHI
COMMERCIAL APPEAL NO. 307 OF 2025 AND
COMMERCIAL APPEAL NO. 308 OF 2025
IN COMAP No. 307/2025
BETWEEN:
1. FLIPKART INTERNET PRIVATE LIMITED
A COMPANY REGISTERED UNDER
THE COMPANIES ACT, 2013
AND HAVING ITS REGISTERED OFFICE
AT BUILDINGS ALYSSA,
BEGONIA AND CLOVER
EMABASSY TECH VILLAGE
Digitally OUTER RING ROAD
signed by
AMBIKA H B DEVARABEESANAHALLI VILLAGE
Location: BENGLAURU
High Court
of Karnataka KARNATAKA - 560 103
INDIA
...APPELLANT
(BY SRI UDAYA HOLLA, SENIOR ADVOCATE FOR
MS. MAITREYI B KANNUR, ADVOCATE)
AND:
1. ECOM EXPRESS PRIVATE LIMITED
A COMPANY REGISTERED UNDER
THE COMPANIES ACT, 2013
AND HAVING ITS REGISTERED OFFICE
-2-
NC: 2025:KHC:19109-DB
COMAP No. 307 of 2025
AND COMAP No. 308 of 2025
HC-KAR
AT MUSTATIL NO.14
KILLA NO.12/9, 19/1 20/1
GROUND FLOOR
VILLAGE SAMALKHA
DELHI - 110 037
INDIA
...RESPONDENT
(BY SRI V. SRINIVASAN RAGHAVAN, SENIOR ADVOCATE A/W
SRI ARJUN RAO, ADVOCATE)
THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 37
OF THE ARBITRATION AND CONCILIATION ACT, 1996
PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED
22.05.2025 PASSED BY THE LD. CHH28 XIV ADDITIONAL CITY
CIVIL AND SESSIONS JUDGE, CITY CIVIL COURT COMPLEX,
BENGALURU, IN COMMERCIAL ARBITRATION APPLICATION
NO.5/2025.
IN COMAP NO. 308/2025
BETWEEN:
1. INSTAKART SERVICES PRIVATE LIMITED
A COMPANY REGISTERED UNDER
THE COMPANIES ACT, 2013 AND
HAVING ITS REGISTERED OFFICE
AT BUILDINGS ALYSSA,
BEGONIA AND CLOVER
EMBASSY TECH VILLAGE
OUTER RING ROAD
DEVARABEESANAHALLI VILLAGE
BENGALURU
KARNATAKA - 560 103
INDIA
...APPELLANT
(BY SRI UDAYA HOLLA, SENIOR ADVOCATE FOR
MS. MAITREYI B KANNUR, ADVOCATE)
-3-
NC: 2025:KHC:19109-DB
COMAP No. 307 of 2025
AND COMAP No. 308 of 2025
HC-KAR
AND:
1. ECOM EXPRESS PRIVATE LIMITED
A COMPANY REGISTERED UNDER
THE COMPANIES ACT, 2013 AND
HAVING ITS REGISTERED OFFICE
AT MUSTATIL NO.14
KILLA NO.12/9, 19/1, 20/1
GROUND FLOOR
VILLAGE SAMALKHA
DELHI - 110 037
INDIA
...RESPONDENT
(BY SRI K.G. RAGHAVAN, SENIOR ADVOCATE A/W
SRI ARJUN RAO, ADVOCATE)
THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 37
OF THE ARBITRATION AND CONCILIATION ACT, 1996
PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED
22.05.2025 PASSED BY THE LD. CCH 28 XIV ADDITIONAL CITY
CIVIL AND SESSIONS JUDGE, CITY CIVIL COURT COMPLEX,
BENGALURU, IN COMMERCIAL ARBITRATION APPLICATION
NO.4/2025.
THESE APPEALS, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR V KAMESWAR RAO, ACTING CHIEF JUSTICE
and
HON'BLE MR JUSTICE C M JOSHI
ORAL JUDGMENT
(PER: HON'BLE MR V KAMESWAR RAO, ACTING CHIEF JUSTICE)
The challenge in these appeals is primarily to the order(s)
dated 22.05.2025, whereby the Trial Court has not considered
the interim prayer made by the appellants with regard to
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HC-KAR
securing the amounts, which are the subject matter of dispute
between the parties.
2. We have been informed by Mr. Udaya Holla, learned
Senior Counsel appearing for the appellants that the petitions
under Section 9 of the Arbitration and Conciliation Act, 1996
(hereinafter referred to as 'the Act of 1996' for short) are listed
on 18.06.2025.
3. It is agreed by the learned Senior Counsel appearing for
the parties that as the date of hearing before the Trial Court is
18.06.2025, appropriate shall be that a direction be given to
the Trial Court to hear the parties on the petitions by advancing
the date of hearing before the Trial Court by enabling the
respondent herein to file response to the petitions under
Section 9 of the Act of 1996. The learned Senior Counsel for
the respondent state that they shall file their response to the
petitions under Section 9 of the Act of 1996 on or before
09.06.2025.
4. If that be so, we grant three days' time i.e., till
12.06.2025 to the appellants herein to file rejoinder to the
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HC-KAR
response to be filed by the respondent. The petitions shall be
listed before the Trial Court on 13.06.2025 when the Trial Court
shall hear the learned counsel for the parties and decide the
matters within one week thereafter. The learned Senior Counsel
for the respondent have no objection if the interim order
granted by this Court on 27.05.2025 is/are continued till the
disposal of the petitions under Section 9 of the Act of 1996 by
the Trial Court.
5. It is made clear that the Trial Court shall decide the
petitions under Section 9 of the Act of 1996 without being
influenced by the interim order passed by this Court on
27.05.2025.
6. The appeals are disposed of.
Sd/-
(V KAMESWAR RAO)
ACTING CHIEF JUSTICE
Sd/-
(C M JOSHI)
JUDGE
