Media.Net Software Services (India) Private Limited vs Schloss Bangalore Private Limited

N. V. Anjaria, CJ

Heard learned advocate Mr. Pradeep Nayak for the appellant and learned advocate Mr. Shirish Krishna for the respondent.

The challenge in this commercial appeal is against the order dated 07.02.2025 passed by learned LXXXVII Additional City Civil and Sessions Judge in Commercial Arbitration Application No.87 of 2025, which was an application filed under Section 9 of the Arbitration and Conciliation Act, 1996 praying for interim measure by the applicant-appellant herein.

The court below issued notice only and did not grant any of the interim measure prayed for. It was thus an ex parte order.

In course of the hearing today, it was given out that the proceedings of Section 9 of the Act are evidently not disposed of and are pending. Not only that, the respondent herein has already filed its objection to Section 9 application. In other words, the order impugned in this appeal is, for all purposes, an order ex parte in nature, where other side is yet to be heard. The court is still to go into the merits of the prayers made in Section 9 application.

4.1 Learned advocates for the parties stated that the proceedings of Section 9 application is posted on 07.04.2025.

In view that the order impugned in this appeal is only an order of issuance of notice and the court is yet to consider the case and contentions of the other side, the appropriate course would be to direct the court below to decide the application under Section 9 of the Act after hearing both the parties and giving opportunity to them to raise their contentions.

5.1 Therefore, learned LXXXVII Additional City Civil and Sessions Judge (Exclusive dedicated Commercial Court), Bengaluru is directed to decide the application under Section 9 of the Arbitration and Conciliation Act, 1996 filed by the applicant-appellant herein preferably on or before 30.04.2025.

5.2 While deciding the application, the court below shall permit both the sides to raise their respective contentions and give opportunity of hearing.

5.3 The decision shall be taken independently without being influenced by the observations in the impugned order.

It is clarified that both the sides will be entitled to raise all their contentions, as may be available in law.

The present appeal is disposed of in the aforesaid terms.

In view of disposal of the appeal, all interlocutory applications would not survive and stand accordingly disposed of.