Karnataka High Court
COMAP/71/2026 of NAVYUG MACHINARY STORES Vs SIMPLEX INFRASTURCTURES LIMITED on 18 August 2026
CNR: KAHC010065232026 NC: 2026:KHC:44098-DB COMAP No. 71 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH 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.71 OF 2026 BETWEEN: NAVYUG
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH 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.71 OF 2026
BETWEEN:
NAVYUG MACHINARY STORES,
A REGISTERED PARTNERSHIP FIRM,
HAVING ITS OFFICE AT NO.161/1,
3RD FLOOR, S.P. ROAD,
BENGALURU - 560 002.
REPRESENTED BY ITS PARTNER,
SRI. SANDEEP DINKAR SAWANT
NO.161/1, 3RD FLOOR, S.P. ROAD,
BENGALURU - 560 002.
…APPELLANT
(BY SRI. B.O. CHANDRA SHEKAR, ADVOCATE)
AND:
1.
SIMPLEX INFRASTRUCTURES LIMITED
A COMPANY INCORPORATED UNDER
THE COMPANIES ACT,
HAVING ITS REGISTERED OFFICE AT
'SIMPLEX HOUSE',
NO.27, SHAKESPEARE SARANI,
KOLKATA - 700 017
REPRESENTED BY ITS
MANAGING DIRECTOR.
Digitally signed
by C K LATHA
Location: High
Court of
Karnataka
HC-KAR
2.
SIMPLEX INFRASTRUCTURES LIMITED
HAVING ITS BRANCH OFFICE AT
BRIGADE PLAZA, UNIT - 'C',
FIRST FLOOR, NO.71/1,
ANAND RAO CIRCLE,
SC ROAD, MAJESTIC,
BENGALURU - 560009.
3.
BANGALORE METRO RAIL
CORPORATION LIMITED (BMRCL)
BMTC COMPLEX, III FLOOR,
K.H. ROAD, SHANTHINAGAR
BENGALURU - 560 021
REPRESENTED BY ITS
EXECUTIVE DIRECTOR.
…RESPONDENTS
THIS COMMERCIAL APPEAL IS FILED UNDER SECTION
13(1A) 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 & 2 UNDER SECTION 8 OF THE
ARBITRATION
AND
CONCILIATION
ACT,
IN
COM.O.S.NO.698/2024 BY THE HON'BLE COURT OF LXXXIX
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU
(CCH-90) AND 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
HC-KAR
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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) of the Arbitration and Conciliation Act, 1996 [A&C Act] read with Section 13 (1A) of the Commercial Courts Act, 2015, impugning an order dated 06.12.2025 [impugned order] passed by the learned LXXXIX Additional City Civil and Sessions Judge [Commercial Court] allowing the application in I.A No. 2 in Com. O.S No. 698/2024.
2. The respondents 1 and 2 had filed the said application under Section 8 of the A&C Act seeking reference of the dispute to arbitration in view of the arbitration clause contained in the purchaser orders.
3. The learned Commercial Court has found that the suit was premised on the said purchase orders and there existed an arbitration agreement between the parties. Consequently, the Commercial Court allowed the said application by the impugned order.
HC-KAR
4. The present appeal is not maintainable, as Section 37 (1)(a) of the A&C Act explicitly provides for an appeal against an order refusing to refer the parties to arbitration under Section 8. In the present case, the Commercial Court has allowed the application under Section 8 and therefore the same is not an order appealable under Section 37 (1) of the A&C Act. The appeal is accordingly dismissed as not maintainable.
5. Pending application stands disposed of.
Sd/- (VIBHU BAKHRU) CHIEF JUSTICE
Sd/- (K.S. HEMALEKHA) JUDGE
CKL List No.: 2 Sl No.: 8