Karnataka High Court
COMAP/399/2025 of SHABANA SHAHAB Vs SORTING HAT TECHNOLOGIES PVT LTD on 30 September 2026
CNR: KAHC010444272025 NC: 2026:KHC:54844-DB COMAP No. 399 of 2025 C/W COMAP No. 447 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF SEPTEMBER, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN COMMERCIAL APPEAL NO. 399
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF SEPTEMBER, 2026
PRESENT
THE HON'BLE MR. JUSTICE D K SINGH
AND
THE HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN
COMMERCIAL APPEAL NO. 399 OF 2025
C/W
COMMERCIAL APPEAL NO. 447 OF 2025
IN COMAP No. 399/2025
BETWEEN:
1.
SHABANA SHAHAB
DAUGHTER OF SHAHABUDDIN
AGED ABOUT 51 YEARS
RESIDING AT 8044,
TOWER 8, 4TH FLOOR,
PRESTIGE SONG OF THE SOUTH,
AKSHAYANAGAR,
BEGUR ROAD,
BANGALORE 560 068
…APPELLANT
(BY SMT. SANJANA RAO., ADVOCATE)
AND:
1.
SORTING HAT TECHNOLOGIES PVT LTD
A COMPANY INCORPORATED
UNDER THE PROVISIONS OF
THE COMPANIES ACT, 1956
HAVING ITS REGISTERED OFFICE
AT MARUTHI INFOTECH CENTRE,
Digitally
signed by
VASANTHA
KUMARY B
K
Location:
HIGH
COURT OF
KARNATAKA
HC-KAR
3RD FLOOR, A BLOCK,
DOMLUR, BANGALORE 560 071
REPRESENTED BY ITS
MANAGING DIRECTOR
…RESPONDENT
(BY SRI. KASHYAP N NAIK FOR C/R (CP No.12779/25)
AND ALSO ACCEPTS NOTICE FOR RESPONDENT)
THIS COMAP IS FILED UNDER SECTION 13(1-A) OF THE
COMMERCIAL COURT ACT, 2015, PRAYING TO ALLOW THE
APPEAL AND SET ASIDE THE ORDER 16.06.2025 PASSED BY
THE HONBLE LXXXIII ADDITIONAL CITY CIVIL AND SESSIONS
JUDGE, BENGALURU (COMMERCIAL COURT) IN COM.A.A.
NO.133/2025, IN THE INTEREST OF JUSTICE AND EQUITY.
IN COMAP NO. 447/2025
BETWEEN:
1.
RAMAN TIWARI
SON OF BHUSHAN TIWARI
AGED ABOUT 34 YEARS
G-5B, BUDH VIHAR,
PHASE - 1,
NEW DELHI - 110 086
...APPELLANT
(BY SMT. SANJANA RAO., ADVOCATE)
AND:
1.
M/S SORTING HAT TECHNOLOGIES PVT LTD.,
A COMPANY INCORPORATED UNDER
THE PROVISIONS OF THE
COMPANIES ACT, 2013
HAVING ITS REGISTERED OFFICE
AT MARUTHI INFOTECH CENTRE,
3RD FLOOR, A BLOCK, DOMLUR,
KORAMANGALA INNER RING ROAD,
BANGALORE 560 071
HC-KAR
REPRESENTED BY ITS
MANAGING DIRECTOR
...RESPONDENT
(BY SRI. KASHYAP N NAIK FOR C/R (CP No.15722/25)
AND ALSO ACCEPTS NOTICE FOR RESPONDENT)
THIS COMMERCIAL APPEAL IS FILED UNDER SECTION
13 (1A) OF THE COMMERCIAL COURTS ACT, 2015 PRAYING
THAT THIS HON'BLE COURT MAY BE PLEASED TO ALLOW
THE
APPEAL
AND
SET
ASIDE
THE
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ORDER
DATED 14.07.2025 PASSED BY THE HON'BLE LXXXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (COMMERCIAL COURT) IN COM.A.A. NO.132 OF 2025, IN THE INTEREST OF JUSTICE AND EQUITY.
THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE D K SINGH)
1. The present appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Arbitration Act') read with Section 13(1A) of the Commercial Courts Act, 2015 has been filed against the order dated 16.06.2025 passed in Commercial Arbitration Application No.133/2025 filed under Section 9 of the Arbitration Act by the respondent herein.
HC-KAR
2. The Court below has partly allowed the application and directed the appellant herein to furnish security to the satisfaction of the Court to secure the claim of the respondent to an extent of Rs.32,52,332/-. It has been directed that the appellant shall disclose on oath all her movable and immovable assets to the extent of the sum of Rs.32,52,332/- to enable the petitioner to take appropriate steps for securing its claim to that extent. It has been further directed that the interim relief so granted shall be in force initially for a period of 90 days from the date of the order and in case the respondent takes steps for initiating the arbitral proceedings within the said period of 90 days, the interim order would continue till disposal of the arbitration proceedings.
3. We have been informed that the learned Arbitrator has entered into reference. Therefore, without going into the merits of the case, as the Arbitrator has entered into reference, we deem it appropriate to permit the claimant to file an appropriate application under Section 17 of the Arbitration Act to claim the interim relief and that application shall be considered by the Arbitrator in accordance with law without
HC-KAR
being influenced by any of the observations made in the impugned order dated 16.06.2025 passed by the LXXXIII Additional City Civil and Sessions Judge, Commercial Court, Bangalore, in Commercial A.A.No.133/2025 filed under Section 9 of the Act.
4. As we have permitted the claimant to file fresh application under Section 17 of the Act, we are setting aside the order impugned in this appeal without going into the merits of the matters. We make it clear that we have not gone into the merit of the order passed by the Commercial Court under Section 9 of the Act.
5. Accordingly, these appeals are allowed.
Sd/- (D K SINGH) JUDGE
Sd/- (H.SHANTHI BHUSHAN) JUDGE
NG CT:SN, List No.: 1 Sl No.: 22