Karnataka High Court
Sri. Shreyas Shibulal vs M/S. Total Environment Projects ... on 6 May, 2025
Author: R Devdas
Bench: R Devdas
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NC: 2025:KHC:18165-DB
COMAP No. 268 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF MAY, 2025
PRESENT
THE HON'BLE MR JUSTICE R DEVDAS
AND
THE HON'BLE MR JUSTICE C.M. POONACHA
COMMERCIAL APPEAL NO. 268 OF 2025
BETWEEN:
1. SRI. SHREYAS SHIBULAL
AGED ABOUT 33 YEARS
S/O SRL. S. D. SHIBULAL
R/A NO. 383, 42ND CROSS, 9TH MAIN,
5TH BLOCK, JAYANAGAR,
BENGALURU 560 041,
REP. BY POWER OF ATTORNEY HOLDER,
SRI. MADHUSUDHAN SRINIVASAN.
2. SMT BHAIRAVI MADHUSUDHAN SHIBULAL
AGED ABOUT 32 YEARS
W/O SRI. SHREYAS SHIBULAL,
Digitally R/A NO. 383, 42ND CROSS, 9TH MAIN,
signed by 5TH BLOCK, JAYANAGAR,
NIRMALA BENGALURU 560 041,
DEVI REP. BY POWER OF ATTORNEY HOLDER,
Location: SRI. MADHUSUDHAN SRINIVASAN.
HIGH COURT
OF ...APPELLANTS
KARNATAKA
(BY SRI. V.SRINIVASAN RAGHAVAN SR. ADVOCATE FOR
SRI. NIKHILESH RAO M., ADVOCATE)
AND:
1. M/S. TOTAL ENVIRONMENT PROJECTS (INDIA)
PRIVATE LIMITED, A COMPANY REGISTERED
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COMAP No. 268 of 2025
UNDER THE PROVISIONS OF INDIAN
COMPANIES ACT, 1956
HAVING ITS REGISTERED OFFICE AT:
"IMAGINE", NO. 78, ITPL ROAD, EPIP ZONE,
WHITEFIELD, BENGALURU - 560 066,
REP. BY ITS DIRECTORS.
2. SHIBANEE AND KAMAL ARCHITECTS LLP
A LIMITED LIABILITY PARTNERSHIP REGISTERED
UNDER THE PROVISIONS OF LIMITED LIABILITY
PARTNERSHIP, ACT, 2008 HAVING ITS REGISTERED
OFFICE AT "IMAGINE", NO. 78, ITPL ROAD, EPIP
ZONE, WHITEFIELD, BENGALURU 560 066,
REP. BY ITS DESIGNATED PARTNERS.
...RESPONDENTS
(BY SRI.DHYAN CHINNAPPA., SR. ADVOCATE FOR R1 AND R2)
THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 13
1A OF THE COMMERCIAL COURTS ACT, 2015 PRAYING TO
ALLOW THE PRESENT APPEAL AND CONSEQUENTLY SET ASIDE
THE IMPUGNED ORDER DATED 02.05.2025 PASSED IN COM.
AA. NO.93/2025 PASSED BY THE LXXXII ADDITIONAL CITY
CIVIL AND SESSIONS JUDGE, BENGALURU (COMMERCIAL
COURT CCH 83) i.e. ANNEXURE A.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE R DEVDAS
and
HON'BLE MR JUSTICE C.M. POONACHA
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COMAP No. 268 of 2025
ORAL JUDGMENT
(PER: HON'BLE MR JUSTICE R DEVDAS)
Learned counsel Sri.Mohammed Shameer has
entered appearance for the contesting respondent.
2. Learned Senior Counsel Sri.Dhyan Chinnappa
seeks to raise a preliminary objection regarding
maintainability of the commercial appeal. However,
learned Senior counsel Sri. V.Srinivasan Raghavan
appearing for the appellants would draw the attention of
this Court to order dated 18.02.2025 passed in
WP.No.4758/2025 between the same parties. It is pointed
out that when similar preliminary objections were raised
regarding maintainability of the writ petition, the learned
single Judge upheld such contention while making it clear
that the writ petition is not maintainable in view of Section
37 of the Arbitration and Conciliation Act, 1996 and it was
held that an appeal would lie and not a writ petition. That
being the position, it is contended that learned senior
counsel cannot raise an objection in this commercial
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appeal having regard to the position being made clear at
the hands of the learned Single Judge of this Court.
3. Nevertheless, having regard to the fact that the
appellants who are the respondents before the Trial Court
are aggrieved of the impugned order dated 02.05.2025
passed on I.A No.VI, whereby the order of status-quo
passed on 14.02.2025 was extended from that day till the
next date of hearing and before this Court it is being
contended that at the hands of the learned Senior counsel
appearing for the appellants that the order of status-quo
would go beyond the prayers made by the respondent
before the Trial Court, we are of the considered opinion
that it is for the appellants to seek such a clarification at
the hands of the Trial Court or seek modification.
4. Learned Senior counsel would request that liberty
may be granted to the appellants to move the Vacation
Bench of the Commercial Court in view of the urgency.
Accordingly, the Commercial Appeal stands disposed of,
granting liberty to the appellants to move the
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Vacation Bench of the Commercial Court, either to seek
clarification of the orders passed by the Commercial Court
or seek appropriate modification. This Court has said
nothing on the merits of the matter.
4. Ordered accordingly.
Sd/-
(R DEVDAS)
JUDGE
Sd/-
(C.M. POONACHA)
JUDGE
KBM
