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