Karnataka High Court

COMAP/70/2026 of SURYA ENTERPRISES Vs SIMPLEX INFRASTRUCTURE LIMITED on 27 August 2026

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CNR: KAHC010065182026 NC: 2026:KHC:46112-DB COMAP No. 70 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27 TH DAY OF AUGUST, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA COMMERCIAL APPEAL NO. 70 OF 2026 BETWEEN: 1.

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 27TH DAY OF AUGUST, 2026

PRESENT

THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE

AND

THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA

COMMERCIAL APPEAL NO. 70 OF 2026

BETWEEN:

1.

SURYA ENTERPRISES

A REGISTERED PARTNERSHIP FIRM

HAVING ITS OFFICE AT NO. 180/1

GROUND FLOOR , CENTRAL COMPLEX

S.C ROAD, SHESHADRIPURAM

BENGALURU - 560 020

REPRESENTED BY ITS PARTNER

AJAY A. AHUJA

…APPELLANT

(BY SRI B.O. CHANDRA SHEKAR, ADVOCATE)

AND:

1.

SIMPLEX INFRASTRUCTURE LIMITED

A COMPANY INCORPORATED UNDER

THE COMPANIES ACT

HAVING ITS REGISTERED OFFICE AT

'SIMPLEX HOUSE', NO. 27,

SHAKESHPEARE SARANI, KOLKATA -700 017

REPRESENTED BY ITS

MANAGING DIRECTOR

2.

SIMPLEX INFRASTRUCTURE LIMITED

HAVING ITS BRANCH OFFICE AT

Digitally

signed by

SRIDEVI S

Location:

High Court of

Karnataka

HC-KAR

BRIGADE PLAZA, UNIT - 'C'

FIRST FLOOR, NO. 71/1

ANAND RAO CIRCLE,

SC ROAD, MAJESTIC

BENGALURU - 560 009

3.

BANGALORE METRO RAIL CORPORATION

LIMITED (BMRCL)

BMTC COMPLEX, III FLOOR

K.H. ROAD, SHANTHI NAGAR

BENGALURU - 560 021

REPRESENTED BY ITS

EXECUTIVE DIRECTOR

…RESPONDENTS

THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 13

(1-A) OF THE COMMERCIAL COURTS ACT, 2015 PRAYING TO SET

ASIDE THE ORDER DATED 06.12.2025 PASSED ON I.A. NO.2 FILED

BY THE RESPONDENTS 1 AND 2 UNDER SECTION 8 OF THE

ARBITRATION

AND

CONCILIATION

ACT,

IN

COM.O.S.NO.690/2024 BY THE LXXXIX ADDITIONAL CITY CIVIL AND

SESSIONS JUDGE, BENGALURU, (CCH-90) AND MAY BE PLEASED

TO REMAND THE SUIT IN COM.O.S.NO.690/2024 TO THE LXXIX

ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU

(CCH-90) FOR CONSIDERATION THE CASE ON MERITS IN

ACCORDANCE WITH LAW IN THE INTEREST OF JUSTICE.

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. The appellant has filed the present appeal under Section 37(1)(a) of the Arbitration and Conciliation Act, 1996 [A&C Act]

HC-KAR

read with Section 13(1A) of the Commercial Courts Act, 2015, impugning an order dated 06.12.2025 passed by the learned Commercial Court in IA.No.2 in Com.OS.No.690/2024, whereby the said application filed by the respondents under Section 8 of the A&C Act, praying that the parties be referred to arbitration was allowed.

2. A plain reading of Section 37(1)(a) of the A&C Act indicates that an appeal would lie only against an order refusing to refer the parties to arbitration under Section 8 of the A&C Act. Since the application under Section 8 has been allowed by the impugned order, the same is not appealable.

3. In view of the above, the present appeal is not maintainable, and is, accordingly dismissed. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE

Sd/- (K.S. HEMALEKHA) JUDGE

SD List No.: 2 Sl No.: 16

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