This

appeal

by

the

respondent

in

Com.A.A.No.247/2021 is directed against the impugned

order dated 04.03.2022 passed by LXXXIII Additional City

Civil and Sessions Judge, Bengaluru (Commercial Court)

whereby,

the

Commercial

Court

partly

allowed

the

application filed by the respondent herein under Section 9

of the Arbitration and Conciliation Act, 1996 (for short ‘the

said Act of 1996’) and dismissed the interlocutory

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application-I.A.No.III filed by the appellant under Section 9

of the said Act of 1996.

2. The material on record discloses that the

respondent entered into a lease deed dated 10.06.2020

with the appellant in relation to the schedule premises. The

appellant had filed A.A.No.127/2021 under Section 9 of the

said Act of 1996 for an interim order / direction restraining

the respondent from interfering with the appellant’s

possession of the schedule property pending disposal of the

Arbitration proceedings, which are said to have been

initiated by the appellant. In the said A.A.No.127/2021, the

appellant filed an application, I.A.No.1 for ad-interim order

of temporary injunction restraining the respondent from

interfering with the appellant’s possession and enjoyment

of the schedule property during the pendency of the

arbitration application. In the said A.A.No.127/2021, the

appellant also filed a memo stating that the appellant was

ready to deposit the agreed rent on a monthly basis to the

tune of 40% of the rent before the trial court.

3. The said A.A.No.127/2021 and the application,

memo etc., filed by the appellant, having been opposed by

the respondent, the trial court passed an order dated

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22.12.2021 restraining the respondent from interfering with

the appellant’s possession of the schedule property till the

next date of hearing i.e,. 18.01.2022. In this context, it is

relevant to state that the said interim order was not

extended. Subsequently, under the said order dated

22.12.2021 passed in A.A.No.127/2021, the trial court

permitted the appellant to deposit the rent as prayed for in

the memo dated 21.12.2021.

4.

Meanwhile, the respondent herein filed the

instant COM.A.A.247/2021 before the trial court under

Section 9 of the said Act of 1996 for a direction to the

appellant

herein

to

deposit

outstanding

rent

and

maintenance charges and for other reliefs. In the said

proceedings, in addition to opposing the application filed by

the respondent, the appellant also filed an application

I.A.No.III under Section 9 of the said Act of 1996 to

restrain the respondent from interfering with the appellant’s

possession of the schedule property till disposal of the

arbitration proceedings. The said I.A.No.III having been

opposed by the respondent, the trial court proceeded to

pass the impugned common order allowing COM.A.A.

No.247/2021 filed by the respondent and dismissing

I.A.No.III filed by the appellant. Aggrieved by the impugned

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common order, the appellant is before this Court by way of

the present appeal.

5.

A perusal of the impugned order passed by the

trial court will indicate that the trial court has directed the

appellant to pay the sums towards occupation of the leased

premises, including the amount towards maintenance along

with applicable GST at the rate mentioned in the lease deed

dated 10.06.2020, from December 2021 till conclusion of

arbitration proceedings or till passing of any interim order

by the Arbitral Tribunal to be constituted, so long as the

appellant herein continued to be in occupation of the

schedule premises; under the impugned order, the

Commercial Court also directed the appellant herein to

adjust

any

amount,

if

already

deposited

in

A.A.No.127/2021, in payment of the sums as per this order

and the payment to be made by the appellant herein as per

the impugned order, would be subject to final order to be

passed in the arbitration proceedings; so also, I.A.No.III

filed by the appellant was dismissed by the trial court.

While doing so, the trial court held as under:-

“10. Admitted