HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON’BLE JUSTICE MOUSHUMI BHATTACHARYA AND THE HON’BLE JUSTICE GADI PRAVEEN KUMAR CIVIL MISCELLANEOUS APPEAL NO.26 OF 2026 DATE: 27.01.2026 Between Lead IT Corporation, Represented by its Shareholder, Rajani Talluri.

…Appellant And M/s. Lead IT India Private Limited, Represented by its Authorized Signatory, Ram Prasad T and another …Respondents Mr. Vedula Venkata Ramana, learned Senior Counsel appearing for the appellant.

JUDGMENT: (Per Hon’ble Justice Moushumi Bhattacharya)

1. The Civil Miscellaneous Appeal arises out of a docket order dated 05.01.2026 in O.S.S.R.No.14862 of 2025 passed by the VI Additional District and Sessions Judge, Kukatpally, Ranga Reddy District, returning the plaint in a Suit filed by the appellant herein under section 26 and Order VII Rule 1 of The Code of Civil Procedure, 1908 for declaration and perpetual injunction. The reason given by the learned Trial Court for returning the plaint is that the suit challenging the Arbitration Award is not maintainable.

2. There is a fundamental difference between a suit, which is not maintainable and a plaint in a suit, which ought to be returned for filing before the