2026:APHC:7191 HIGH COURT OF ANDHRA PRADESH * * * *

COMMERCIAL COURT APPEAL No. 21 of 2025 Between:

M/s. JPR Projects, Gajuwaka, Visakhapatnam rep. through its Partners Mr. Manthena Vivek Varma and another .....APPELLANT AND Axis Bank, MVP Colony Branch, Rep.by its Authorized Officer, and 2 others .....RESPONDENTS DATE OF JUDGMENT RESERVED : 11.12.2025 DATE OF JUDGMENT PRONOUNCED : 27.02.2026 DATE OF JUDGMENT UPLOADED : 27.02.2026 SUBMITTED FOR APPROVAL:

THE HON'BLE SRI JUSTICE RAVI NATH TILHARI &

THE HON'BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM

1. Whether Reporters of Local newspapers may Yes/No be allowed to see the Judgments?

2. Whether the copies of judgment may be Yes/No marked to Law Reporters/Journals

3. Whether Your Lordships wish to see the fair Yes/No copy of the Judgment?

_______________________

RAVI NATH TILHARI, J ____________________________ MAHESWARA RAO KUNCHEAM, J * THE HON'BLE SRI JUSTICE RAVI NATH TILHARI &

THE HON'BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM + COMMERCIAL COURT APPEAL No. 21 of 2025 % 27.02.2026 Between:

M/s. JPR Projects, Gajuwaka, Visakhapatnam rep. through its Partners Mr. Manthena Vivek Varma and another .....APPELLANT AND Axis Bank, MVP Colony Branch, Rep.by its Authorized Officer, and 2 others .....RESPONDENTS ! Counsel for the Appellant : Sri Patanjali Pamidighantram Counsel for the Respondents : Sri V. V. N. Narasimham Gist :

> Head Note:

? Cases Referred:

1. 2016SCCOnLineCal6251

2. 2004SCCOnLineAll175

3. (2017)8SCC603

4. 2024SCCOnLineSC2632

5. (1999)2SCC479

6. 2017SCCOnLineHyd469

7. ILR2017Kar3016 THE HON’BLE SRI JUSTICE RAVI NATH TILHARI &

THE HON’BL SRI JUSTICE MAHESWARA RAO KUNCHEAM COMMERCIAL COURT APPEAL No. 21 of 2025 JUDGMENT: (per Hon’ble Sri Justice Ravi Nath Tilhari)

Heard Sri Patanjali Pamidighantam, learned counsel for the appellant and Sri V. V.N. Narasimham, learned counsel for the respondents.

2. The present appeal has been filed under Section 13 (1) of the Commercial Courts Act, 2015 (in short ‘Act 2015’) read with Section 37 (1) (c) of the Arbitration and Conciliation Act, 1996 (in short ‘Act 1996’), challenging the Judgment/ Order, dated 31.07.2025 passed in CAOP No.49 of 2024 (in short ‘CAOP’), by the Special Judge For Trial and Disposal of Commercial Disputes, Visakhapatnam (in short ‘Special Judge’).

3. The appellants are the petitioners in CAOP No.49 of 2024. It filed the application under Section 9 of the Act 1996 seeking injunction restraining the respondents and those acting on their instructions from continuing the freeze on current account No.915020032315999 with Axis Bank, M.V.P.Colony Branch, Visakhapatnam, belonging to the petitioner firm and to direct the respondent/Axis Bank to restore the operational access to the petitioner by de-

freezing the said current bank account.

4. The learned Special Judge, by the impugned Order dated 31.07.2025, allowed the application, partly, with costs and freezing of the bank account with the Axis Bank was revoked only for the limited purpose of paying taxes and statutory dues to the Central Government, the State Government and the local bodies. The learned Special Judge, however, directed that no payment shall be made to the partners of the firm in their individual capacity, vendors, third parties. It also provided that the bank account shall be operated as per terms of Clause 14 of the reconstituted partnership deed dated 10.02.2024 and that the said order shall remain in force for not more than 90 days from the date of the order. The learned Special Judge further provided that on the Arbitral Tribunal being constituted, the further continuation, modification or variation of the order shall be dealt by the Arbitral Tribunal on the application filed by either party.

A. Facts:

I. Petitioner/Appellants’ case:

5. The brief facts of the case are that, M/s.JPR Projects, a partnership firm was constituted in the year 2015 and is involved in construction related activities. The petitioners and the respondents 2 and 3 are its partners. Late Sri Janga Punna Redd