Karnataka High Court
COMAP/401/2026 of M/S PEPPER INTERACTIVE COMMUNICATIONS Vs M/S CRESURGE E BUSINESS SOLUTION PVT LTD on 2 September 2026
CNR: KAHC010573862026 NC: 2026:KHC:47671-DB COMAP No. 401 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF SEPTEMBER, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA COMMERCIAL APPEAL NO. 401 OF 2026 BETWEEN:
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF SEPTEMBER, 2026
PRESENT
THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
AND
THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA
COMMERCIAL APPEAL NO. 401 OF 2026
BETWEEN:
1.
M/S PEPPER INTERACTIVE COMMUNICATIONS
NO. 19/5-19/6, 6TH FLOOR
KAREEM TOWERS
CUNNINGHAM ROAD
BENGALURU - 560 052
AUTHORIZED REPRESENTATIVE
MR. ROSHAN MOHAN
…APPELLANT
(BY SRI HIRAN KRISHNASWAMY, ADVOCATE)
AND:
1.
M/S CRESURGE E BUSINESS
SOLUTION PVT. LTD.
A REGISTERED PRIVATE LIMITED
COMPANY HAVING ITS OFFICE AT
3RD FLOOR, MANANDI PLAZA
ST. MARKS ROAD, SHANTALA NAGAR
ASHOK NAGAR, BENGALURU - 560 050
AUTHORIZED REPRESENTATIVE
MR. AKSHAY KUMAR
…RESPONDENT
(BY SRI N. VENKATESH KAMATH, ADVOCATE FOR
SRI CHINTAN CHINNAPPA, ADVOCATE FOR C/RESPONDENT)
Digitally
signed by
SRIDEVI S
Location:
High Court
of Karnataka
HC-KAR
THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 13(1-
A) OF COMMERCIAL COURTS ACT, PRAYING TO SET ASIDE THE
IMPUGNED ORDER DATED 23.07.2026 PASSED BY THE LEARNED
LXXXII
ADDITIONAL
DISTRICT
AND
SESSIONS
JUDGE,
(COMMERCIAL COURT) AT BENGALURU (CCH-83) IN COMMERCIAL
COM.AP.11/2026 (ANNEXURE-A) & ETC.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
and
HON'BLE MRS. JUSTICE K.S. HEMALEKHA
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ORAL JUDGMENT
(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)
1. At the outset, the learned counsel for the respondent has raised a preliminary objection as to the maintainability of the present appeal. He contends that although the impugned order, whereby the arbitral award has been stayed, subject to the condition of depositing 75% of the principal amount, records that it is an order under Section 151 of CPC; the said order, is in substance, an order under Section 36(3) of the Arbitration and Conciliation Act, 1996 [A&C Act]. Thus, no appeal lies against the said order under Section 37 of the A&C Act.
HC-KAR
2. The learned counsel appearing for the appellant seeks to withdraw the appeal.
3. The present appeal is dismissed as withdrawn.
Sd/- (VIBHU BAKHRU) CHIEF JUSTICE
Sd/- (K.S. HEMALEKHA) JUDGE
SD List No.: 2 Sl No.: 11