COMAP/219/2026 of M/S PROPCARE DEVELOPERS PRIVATE LIMITED Vs MR CHIMANLAL TALREJA on 11 August 2026

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 11TH 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.219 OF 2026

BETWEEN:

M/S. PROPCARE DEVELOPERS PRIVATE LIMITED, REPRESENTED BY ITS DIRECTORS

MR. MOHANKUMAR SINGAPURA JAYANNA

AND MR. METHUKU SRINIVAS,

WITH REGISTERED ADDRESS AT

NO.C5, RICH HOMES, NO.5/1,

RICHMOND ROAD, RICHMOND TOWN,

BENGALURU - 560 025.

…APPELLANT

(BY SRI. ANISH ACHARYA, ADVOCATE)

AND:

1.

MR. CHIMANLAL TALREJA

AGED ABOUT 78 YEARS,

S/O LATE SRI. LALCHAND TALREJA,

R/AT 45, NANJAPPA ROAD,

SHANTI NAGAR,

2.

M/S. SAMMAAN FINSERVE LIMITED

(FORMERLY KNOWN AS INDIABULLS

COMMERCIAL CREDIT LIMITED)

REP. BY MANAGING DIRECTOR &

CEO MR. RAJIV GANDHI,

Digitally signed by

MAHALAKSHMI B M

Location: High Court

of Karnataka

HC-KAR

R/AT 2ND FLOOR PLOT NO.3,

BLOCK-A, POCKET-2, SECTOR-17

DWARKA RESIDENTIAL SCHEME,

DISTRICT COURT COMPLEX DWARKA,

SOUTH WEST DELHI - 110075.

3.

M/S. SAMMAAN CAPITAL LIMITED,

(FORMERLY KNOWN AS INDIABULLS

COMMERCIAL CREDIT LIMITED),

REPRESENTED BY MANAGING DIRECTOR

MR. GAGAN BANGA

WITH REGISTERED ADDRESS AT

A-34, 2ND AND 3RD FLOOR,

LAJPAT NAGAR-II,

SOUTH DELHI - 110024.

4.

M/S. OMKARA ASSETS

RECONSTRUCTIONS PRIVATE LIMITED

REPRESENTED BY MANAGING DIRECTOR

MR. CHAITYA LALIT ADANI

HAVING ITS REGISTERED OFFICE AT NO.9,

M.P. NAGAR FIRST STREET,

KONGU NAGAR EXTENSION,

TIRUPUR, TAMIL NADU - 641 607.

5.

MR. B S N HARI,

AGED ABOUT 70 YEARS,

S/O B.N. SATYANNA,

1ST BLOCK JAYANAGAR,

BENGALURU - 560 011.

ALSO AT NO.1,

GUTTE ANJANEYA TEMPLE STREET,

HOSUR ROAD, WILSON GARDEN

BENGALURU - 560027.

6.

MR. JAVEED HAROON

AGED ABOUT 61 YEARS

S/O SYED ALI,

R/AT NO.20, 30TH CROSS,

BANNERGHATTA ROAD LAYOUT,

JAYANAGAR, BENGALURU - 560 041.

HC-KAR

7.

MR. NASEER HUMAYUN

AGED ABOUT 62 YEARS,

S/O LATE SYED ALI

R/AT NO.82 AND 83,

FERNS RESIDENCY

K. NARAYANAPURA CROSS ROAD,

KOTHANUR, BENGALURU - 560 077.

8.

M/S. NAVA KARNATAKA PROPERTY

HOLDINGS PRIVATE LIMITED,

REP. BY DIRECTOR MR. HULIMANGALA

VIJAYARAGHAVAREDDY,

R/AT NO.232/C, GROUND FLOOR,

2ND MAIN, 7TH CROSS,

KORAMANGALA, 4TH BLOCK,

BENGALURU - 560 034.

9.

MR. K. LOKESH

AGED ABOUT 50 YEARS,

S/O LATE KRISHNAPPA,

R/AT NO.69,

NAGARESHWARA NAGENAHALLI,

K NARAYANAPURA MAIN ROAD,

SRK NAGAR POST,

BENGALURU - 560 077.

10. MS. K. NANDINI

AGED ABOUT 43 YEARS,

W/O K. LOKESH,

R/AT NO.69,

NAGARESHWARA NAGENAHALLI,

K NARAYANAPURA MAIN ROAD,

SRK NAGAR POST, BENGALURU - 560 077.

11. MR. K. MANJUNATH

S/O LATE SRI. KRISHNAPPA,

AGED ABOUT 47 YEARS,

R/AT 69, NAGARESHWARA NAGENAHALLI,

K NARANAPURA MAIN ROAD,

SRK NAGAR POST, BENGALURU - 560 077.

12. MR. S. SOMASHEKHAR

AGED ABOUT 57 YEARS,

HC-KAR

S/O LATE SRI. SONNAPPA,

R/AT NO.188, HOMBALE NILAYA,

OPPOSITE DINNILAYA CONVENT,

KIOTHANUR, BENGALURU - 560077.

13. MR. PAOLA RAVISHANKAR

AGED ABOUT 62 YEARS,

W/O MR. D. RAVISHANKAR,

R/AT L-3, LIC HOUSING SCHEME,

JP NAGAR, 1ST PHASE,

BENGALURU - 560 078.

ALSO AT NO.1,

GUTTE ANJANEYA TEMPLE STREET,

HOSUR MAIN ROAD,

WILSON GARDEN,

BENGALURU - 560 027.

14. LATE MRS. B.S. LEELAVATHI

REP. BY LEGAL HEIR MR. BSN HARI

R/AT NO.473, 9TH CROSS,

1ST BLOCK, JAYANAGAR,

BENGALURU - 560 011,

GUTTE ANJANEYA TEMPLE STREET,

HOSUR MAIN ROAD,

WILSON GARDEN,

BENGALURU - 560 027.

15. MS. ALMITRA H. PATEL

AGED ABOUT 88 YEARS,

W/O SRI. HOSHANG COOVERJI PATEL,

R/AT NO.50, KOTHANUR,

BAGALUR ROAD, K.R. PURAM,

BENGALURU - 560 077.

16. MS. LOUISA RODRIGUES

AGED ABOUT 94 YEARS,

W/O LATE SRI. MANUAL RODRIGUES,

R/AT NO.283, "AMMA" 7TH CROSS,

7TH BLOCK, JAYANAGARA,

BENGALURU - 560 011

WITH ADDRESS ALSO AT

NO.1, HARA HOUSE,

HC-KAR

GUTTE ANJANEYA TEMPLE STREET,

HOSUR MAIN ROAD,

WILSON GARDEN,

BENGALURU - 550 0027.

17. MR. D. RAVISHANKAR

AGED ABOUT 70 YEARS,

S/O LATE D. KAMESH,

R/AT NO.L-3, LIC HOUSING SCHEME,

JP NAGAR, 1ST PHASE,

BENGALURU - 560 078.

ALSO AT NO.1,

GUTTE ANJANEYA TEMPLE STREET,

HOSUR MAIN ROAD,

WILSON GARDEN,

BENGALURU - 560 027.

…RESPONDENTS

(BY SRI. ASHWIN RADHAKRISHNAN, ADVOCATE FOR C/R-1)

THIS COMMERCIAL APPEAL IS FILED UNDER SECTION

13(1A) OF THE COMMERCIAL COURTS ACT, 2015, R/W SECTION

37(1)(b) OF ARBITRATION AND CONCILIATION ACT, 1996 PRAYING

TO SET ASIDE THE IMPUGNED ORDER DATED 10.02.2026 PASSED

IN

COM.A.A.NO.21/2025

BY THE

LEARNED

XI

ADDITIONAL

DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT; DISMISS THE PETITION FILED UNDER SECTION 9 OF THE

ARBITRATION AND CONCILIATION ACT, 1996, AS BEING NOT

MAINTAINABLE AND DEVOID OF MERITS.

THIS APPEAL, COMING ON FOR ORDERS, 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