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2025 Supreme(Online)(Kar) 16601

KARNATAKA HIGH COURT
V KAMESWAR RAO, ACJ, C M JOSHI, J
CHIRAJ RAJESH PUGALIA, MATAR MEDIA LLP – Appellant
Versus
DIVYAM AMIT GOENKA – Respondent


Advocates:
For the Appellants/Petitioners: SRI SHISHIRA AMARNATH
For the Respondents: MR. HIMANSHU SHEMBEKAR, MS. DEEPIKA HUNGENAHALLY

Table of Content
1. court's conclusion on appeal and arbitration (Para 1 , 8)
2. issues on the financial restraint order (Para 2 , 3)
3. depositing funds to secure claims (Para 4 , 5)
4. appointment of arbitrator for dispute resolution (Para 6 , 7 , 9 , 10)

ORAL JUDGMENT

(PER: HON'BLE MR V KAMESWAR RAO, ACTING CHIEF JUSTICE) The challenge in this appeal is to an order dated

05.03.2025 passed by the trial Court in COM.A.A.No.119/2025, whereby, the trial Court has on an application filed under Section 9 of the Arbitration and Conciliation Act , stated as under:

O R D E R

"Respondents No.1 and 2 are hereby restrained from transferring or dealing with the account of petitioner to an extent of Rs.26,00,000/- as claimed in I.A.1 till next date of hearing.

Further respondents No.1 and 2 are directed to deposit amount of Rs.26,00,000/- before this court or to furnish bank guarantee for this amount as claimed in I.A.2.

Further respondents No.1 and 2 are hereby restrained from selling respondent No.2 to any third party or creating any 3rd party rights in or to organization as claimed in I.A.3 till next date of hearing.

Issue T.I. warrant IA-1 to 3, notice on I.A.1 to 3 and main petition to respondent

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