IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3^RD DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA COMMERCIAL APPEAL NO. 528 OF 2025 BETWEEN:

MRS SHRADDHA RATHI AGED ABOUT 50 YEARS.

WIFE OF MR. SUSHEEL RATHI, RESIDING AT NO. 18A, BINNY CRESCENT APARTMENTS, NO. 16, BENSON CROSS ROAD, BENSON TOWN, BENGALURU 560046.

…APPELLANT (BY SMT. POORNIMA HATTI, ADVOCATE)

Digitally signed by AND:

NIRMALA DEVI

1. LANDMARK HOMES PRIVATE LIMITED Location:

A COMPANY INCORPORATED HIGH COURT OF UNDER THE COMPANIES ACT, 1956 KARNATAKA WITH ITS REGISTERED OFFICE AT, D-1, CASA LAVELLE-1, LAVELLE ROAD CROSS, BENGALURU 560001.

REPRESENTED BY ITS DIRECTOR, MS. ANJANA MANISH CHANDAK.

RESIDING AT A-3, 702 WHITE HOUSE, 6TH MAIN, 15TH CROSS, RT NAGAR, BENGALURU - 5600032.

2. MR. MANISH CHANDAK AGED ABOUT 56 YEARS, SON OF DR. GIRISH CHANDAK, RESIDING AT A-3, 702 WHITE HOUSE, 6TH MAIN, 15TH CROSS, RT NAGAR, BENGALURU 5600032.

3. MS. ANJANA CHANDAK AGED ABOUT 54 YEARS, WIFE OF MR. MANISH CHANDAK.

RESIDING AT A-3, 702 WHITE HOUSE, 6TH MAIN, 15TH CROSS, RT NAGAR, BENGALURU 5600032.

4. MR. VADITH TAPADIA AGED ABOUT 42 YEARS, SON OF MR. VENU GOPAL TAPADIA.

RESIDING AT 59-7-18 MYTHIRI RESIDENCY, KUNCHUKOTA VARI STREET, BHASYAM PUBLIC SCHOOL LANE, GAYATRI NAGAR, VIJAYWADA 520008.

…RESPONDENTS (BY SRI. DHANANJAY V JOSHI, SENIOR ADVOCATE A/W SRI. SWAROOP S, ADVOCATE FOR C/R2)

THIS COMAP IS FILED U/S. 13(1A) OF THE COMMERCIAL COURTS ACT PRAYING TO SET ASIDE THE FINAL ORDER DATED 25.09.2025 (ANNEXURE -A) PASSED BY THE HONBLE LXXXIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, COMMERCIAL COURT, BENGALURU (CCH-90) IN COMMERCIAL ARBITRATION APPLICATION NO.153 OF 2025, AND CONSEQUENTLY ALLOW THE RELIEFS SOUGHT IN COMMERCIAL ARBITRATION APPLICATION NO.153 OF 2025 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 MR. JUSTICE C.M. POONACHA

ORAL JUDGMENT

(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)

1. The appellant has filed the present appeal under Section 37(1)(b) of the Arbitration and Conciliation Act [A&C Act] and Section 13(1A) of the Commercial Courts Act, 2015 impugning the order dated 25.9.2025 [impugned order] passed by the LXXXIX Additional City Civil and Sessions Judge, Commercial Court, Bengaluru (CCH-90) in Com.A.A.No.153/2025. The appellant had filed the said application under Section 9 of the A&C, inter alia, praying as under:

(a) Direct the Respondents to secure the amount received from the sale of the plots in the Schedule property, if any, by depositing it before this Hon'ble Court in an interest-bearing account or in any other form that the Hon'ble Court deems fit till the conclusion of the arbitration proceedings between the Applicant and the Respondents;

(b) Direct the Respondents to provide the complete account of Landmark Casa-Hanka from 06.06.2013 to date;

(c) Direct the Respondents to provide the current status and terms of the sale of the plots in the Schedule Property to third parties including the e-Khatas;

(d) Such other interim measures of protection as may be deemed necessary, just, and fair, in the circumstances, in the interest of justice and equity.

2. Learned counsel for the appellant further submits that the prayer clause was amended and the appellant also sought an order restraining the respondents from alienating any of the plots in the schedule property till the commencement of the arbitration proceedings between the appellant and the respondents.

3. The undisputed facts are that the appellant was a partner of a firm named as 'Landmark Casa-Hanka (PAN: AAEFL9051G). The said firm was constituted between the appellant and M/s Landmark Homes Private Limited. The said firm had entered into a Joint Development Agreement (JDA) dated 19.12.2023 with certain persons owning parcel of residentially converted lands falling in Sy.Nos.61/10 and 61/11 measuring 0-38 guntas located in Harohalli