IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25^TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL COMMERCIAL APPEAL NO.355/2022 BETWEEN:

M/S. HUBLI ELECTRICITY SUPPLY COMPANY LIMITED A GOVERNMENT OF KARNATAKA UNDERTAKING HAVING ITS REGISTERED OFFICE AT NAVANAGARA, P.B. ROAD Digitally signed by ARSHIFA HUBLI-580 025 BAHAR KHANAM REP. BY ITS SUPERINTENDING ENGINEER Location: HIGH PROJECT MONITORING CELL (SEPMC).

COURT OF KARNATAKA …APPELLANT (BY SRI. S.SRIRANGA, SR. ADV., FOR SMT. SUMANA NAGANAND, ADV.,)

AND:

M/S. SPML INFRA LIMITED (FORMERLY SUBHASH PROJECTS AND MARKETING LTD)

A PUBLIC LIMITED COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGIONAL OFFICE AT NO.8 ICON, 5TH FLOOR, 80 FEET ROAD INDIRANAGAR, HAL 3RD STAGE BANGALORE-560 075.

…RESPONDENT (BY SRI. SHARATH CHANDRA J, ADV.,)

THIS COMAP/COMMERCIAL APPEAL IS FILED UNDER SECTION 13(1A) OF THE COMMERCIAL COURTS ACT, 2015 R/W SECTION 37 OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO CALL FOR RECORDS IN COM.A.S.NO.31/2014 AS WELL AS THE ARBITRAL RECORDS WHICH ARE BEFORE THE TRIAL COURT. SET ASIDE THE IMPUGNED JUDGMENT DATED 29/11/2021 PASSED BY THE LXXXII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-83) (COMMERCIAL COURT) DISMISSING COM.A.S.NO.31/2014 AND CONSEQUENTLY SET ASIDE THE ARBITRAL AWARD DATED 30.12.2013 PASSED IN LAC NO.2/2013 (GHATAPRABHA DIVISION PROJECT) & ETC.

THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

ORAL JUDGMENT

(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)

The only question which requires a consideration in this appeal is:-

Whether this appeal under Section 37 of the Arbitration and Conciliation Act, 1996 ('Arbitration Act' for short) filed with an application to condone the delay of 126 days in filing the same is liable to be considered on merits or not?

2. This Commercial Appeal is filed under Section

13(1-A) of the Commercial Courts Act, 2015 read with Section 37 of the Arbitration and Conciliation Act, 1996 ('Arbitration Act' for short) against the judgment dated 29.11.2021 passed by the LXXXII Additional City Civil and Sessions Judge, Bengaluru (CCH-83) ('Commercial Court'

for short) in COM.AS.No.31 of 2014.

3. Heard Shri. S. Sriranga, learned senior counsel as instructed by Smt. Sumana Naganand and Smt. Ashwini N. Ravindra, learned Advocates appearing for the appellant and Shri. Sharath Chandra J, learned counsel appearing for the respondent.

4. The facts of the case as pleaded in the appeal are as follows:-

Appellant is a Company registered under the Companies Act, 1956 and is a deemed licensee under the Electricity Act, 2003. Respondent is a Company involved in the infrastructure business. Tenders were called for the execution of Rural Load Management Systems Works in Ranebennur and Ghatapraba Divisions. The respondent, being the successful bidder, was entrusted with the work of supply of material, erection and commissioning, as well as maintenance of installation for a period of five years. The respondent failed to execute the contract and abandoned the project. The contract was terminated by the appellant. The respondent referred the disputes to an Arbitral Tribunal for adjudication. After recording evidence and hearing both sides, the Arbitral Tribunal allowed the claims of the respondent in part to an extent of ₹6,86,62,587/- along with interest at 15% per annum. Though the award was challenged before the Commercial Court, the application under Section 34 of the Arbitration Act was dismissed on

29.11.2021, against which, the present appeal is filed. 5. Several contentions have been raised on the merits of the matter in the appeal. It is contended by the learned senior counsel appearing for the appellant that there are serious contentions to be urged in this appeal and the delay in filing the appeal should be condoned and