Flipkart Internet Private Limited Vs Ecom Express Private… — Arbitration | Karnataka HC (2025)

Flipkart Internet Private Limited Vs Ecom Express Private… — Arbitration | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Both commercial appeals disposed of by consent without adjudicating the merits of the challenge: the interim order(s) granted on 27.05.2025 were continued till disposal of the Section 9 petitions by the Trial Court; the Trial Court was directed to hear the parties on 13.06.2025 (after respondent's reply by 09.06.2025 and appellants' rejoinder by 12.06.2025) and decide the Section 9 petitions within one week thereafter, without being influenced by the interim order of 27.05.2025.

Issue for consideration

Whether the Trial Court's orders dated 22.05.2025, whereby the interim prayer made by the appellants with regard to securing the amounts, which are the subject matter of dispute between the parties, was not considered, called for interference in these Section 37 appeals. +1 more

Ratio / Principle

On the agreed arrangement, with the respondent's Senior Counsel having no objection, the interim order(s) granted by this Court on 27.05.2025 stand continued till the disposal of the petitions under Section 9 of the Act of 1996 by the Trial Court.

Key takeaways

The Trial Court shall decide the petitions under Section 9 of the Act of 1996 without being influenced by the interim order passed by this Court on 27.05.2025.ratio¶56
Timeline fixed by consent for consideration of the Section 9 petitions: the respondent to file its response on or before 09.06.2025; the appellants granted three days', i.e., till 12.06.2025, to file rejoinder; the petitions to be listed before the Trial Court on 13.06.2025, when the Trial Court shall hear the learned counsel for the parties and decide the matters within one week thereafter.ratio¶54

Detailed headnote1 paragraphs

High Court of Karnataka (Division Bench: V Kameswar Rao, Acting Chief Justice and C M Joshi, J.; judgment per V Kameswar Rao, ACJ) disposed of two appeals under Section 37 of the Arbitration and Conciliation Act, 1996 (COMAP No. 307 of 2025 by Flipkart Internet Private Limited and COMAP No. 308 of 2025 by Instakart Services Private Limited) against Ecom Express Private Limited, challenging the orders dated 22.05.2025 of the XIV Additional City Civil and Sessions Judge, Bengaluru, in Commercial Arbitration Application Nos. 5/2025 and 4/2025, whereby the Trial Court had not considered the appellants' interim prayer for securing the amounts which are the subject matter of dispute between the parties. Since the appellants' petitions under Section 9 of the Act of 1996 were listed before the Trial Court on 18.06.2025, the Court, recording the consensus of learned Senior Counsel for the parties, directed that the respondent file its response on or before 09.06.2025, granted the appellants time till 12.06.2025 to file rejoinder, and directed listing before the Trial Court on 13.06.2025 for hearing and decision within one week thereafter; the interim order granted by the High Court on 27.05.2025 was continued till disposal of the Section 9 petitions, with an express clarification that the Trial Court shall decide those petitions without being influenced by that interim order.

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NC: 2025:KHC:19109-DB COMAP No. 307 of 2025 AND COMAP No. 308 of 2025

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6^TH DAY OF JUNE, 2025 PRESENT

THE HON'BLE MR V KAMESWAR RAO, ACTING CHIEF JUSTICE

AND

THE HON'BLE MR JUSTICE C M JOSHI

COMMERCIAL APPEAL NO. 307 OF 2025 AND

COMMERCIAL APPEAL NO. 308 OF 2025

IN COMAP No. 307/2025

BETWEEN:

FLIPKART INTERNET PRIVATE LIMITED A COMPANY REGISTERED UNDER THE COMPANIES ACT, 2013 AND HAVING ITS REGISTERED OFFICE

Digitally signed by AMBIKA H B Location: High Court of Karnataka

AT BUILDINGS ALYSSA, BEGONIA AND CLOVER EMABASSY TECH VILLAGE OUTER RING ROAD

DEVARABEESANAHALLI VILLAGE BENGLAURU

KARNATAKA - 560 103 INDIA

…APPELLANT

(BY SRI UDAYA HOLLA, SENIOR ADVOCATE FOR MS. MAITREYI B KANNUR, ADVOCATE)

AND:

ECOM EXPRESS PRIVATE LIMITED A COMPANY REGISTERED UNDER THE COMPANIES ACT, 2013 AND HAVING ITS REGISTERED OFFICE

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NC: 2025:KHC:19109-DB COMAP No. 307 of 2025 AND COMAP No. 308 of 2025

HC-KAR

AT MUSTATIL NO.14 KILLA NO.12/9, 19/1 20/1 GROUND FLOOR VILLAGE SAMALKHA DELHI - 110 037 INDIA

…RESPONDENT

(BY SRI V. SRINIVASAN RAGHAVAN, SENIOR ADVOCATE A/W SRI ARJUN RAO, ADVOCATE)

THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 37 OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 22.05.2025 PASSED BY THE LD. CHH28 XIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, CITY CIVIL COURT COMPLEX, BENGALURU, IN COMMERCIAL ARBITRATION APPLICATION NO.5/2025.

IN COMAP NO. 308/2025

BETWEEN:

INSTAKART SERVICES PRIVATE LIMITED A COMPANY REGISTERED UNDER THE COMPANIES ACT, 2013 AND HAVING ITS REGISTERED OFFICE AT BUILDINGS ALYSSA, BEGONIA AND CLOVER EMBASSY TECH VILLAGE OUTER RING ROAD DEVARABEESANAHALLI VILLAGE BENGALURU KARNATAKA - 560 103 INDIA

...APPELLANT

(BY SRI UDAYA HOLLA, SENIOR ADVOCATE FOR MS. MAITREYI B KANNUR, ADVOCATE)

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NC: 2025:KHC:19109-DB COMAP No. 307 of 2025 AND COMAP No. 308 of 2025

HC-KAR

AND:

ECOM EXPRESS PRIVATE LIMITED A COMPANY REGISTERED UNDER THE COMPANIES ACT, 2013 AND HAVING ITS REGISTERED OFFICE AT MUSTATIL NO.14 KILLA NO.12/9, 19/1, 20/1 GROUND FLOOR VILLAGE SAMALKHA DELHI - 110 037 INDIA

...RESPONDENT

(BY SRI K.G. RAGHAVAN, SENIOR ADVOCATE A/W SRI ARJUN RAO, ADVOCATE)

THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 37 OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 22.05.2025 PASSED BY THE LD. CCH 28 XIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, CITY CIVIL COURT COMPLEX, BENGALURU, IN COMMERCIAL ARBITRATION APPLICATION NO.4/2025.

THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR V KAMESWAR RAO, ACTING CHIEF JUSTICE and HON'BLE MR JUSTICE C M JOSHI

ORAL JUDGMENT

(PER: HON'BLE MR V KAMESWAR RAO, ACTING CHIEF JUSTICE)

The challenge in these appeals is primarily to the order(s) dated 22.05.2025, whereby the Trial Court has not considered the interim prayer made by the appellants with regard to

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securing the amounts, which are the subject matter of dispute between the parties.

We have been informed by Mr. Udaya Holla, learned Senior Counsel appearing for the appellants that the petitions under Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act of 1996' for short) are listed on 18.06.2025.

It is agreed by the learned Senior Counsel appearing for the parties that as the date of hearing before the Trial Court is 18.06.2025, appropriate shall be that a direction be given to the Trial Court to hear the parties on the petitions by advancing the date of hearing before the Trial Court by enabling the respondent herein to file response to the petitions under Section 9 of the Act of 1996. The learned Senior Counsel for the respondent state that they shall file their response to the petitions under Section 9 of the Act of 1996 on or before 09.06.2025.

If that be so, we grant three days' time i.e., till 12.06.2025 to the appellants herein to file rejoinder to the

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response to be filed by the respondent. The petitions shall be listed before the Trial Court on 13.06.2025 when the Trial Court shall hear the learned counsel for the parties and decide the matters within one week thereafter. The learned Senior Counsel

for the respondent have no objection if the interim order granted by this Court on 27.05.2025 is/are continued till the disposal of the petitions under Section 9 of the Act of 1996 by the Trial Court.

It is made clear that the Trial Court shall decide the petitions under Section 9 of the Act of 1996 without being influenced by the interim order passed by this Court on 27.05.2025.

The appeals are disposed of.

Sd/(V KAMESWAR RAO) ACTING CHIEF JUSTICE

Sd/(C M JOSHI) JUDGE

AHB, List No.: 1 Sl No.: 1