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

MEDIA.NET SOFTWARE SERVICES (INDIA) PRIVATE LIMITED A COMPANY INCORPORATED AND REGISTERED UNDER THE PROVISIONS OF THE COMPANIES ACT, 2013, HAVING CIN: U72300MH2011PTC223273 AND HAVING ITS REGISTERED OFFICE AT B -WING, ACME I-TECH PARK, DIRECTIPLEX, OLD NAGARDAS ROAD, ANDHERI (E) MUMBAI - 400 069 REPRESENTED BY ITS AUTHORISED SIGNATORY, MR R. MOHANAKRISHNAN ALSO AT, 2^ND FLOOR, THE LEELA GALLERIA, THE LEELA PALACE BANGALORE NO. 23, OLD AIRPORT ROAD, BANGALORE, BENGALURU (BANGALORE) RURAL, KARNATAKA - 560 008.

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…APPELLANT

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(BY SRI PRADEEP NAYAK, ADVOCATE)

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AND:

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SCHLOSS BANGALORE PRIVATE LIMITED A COMPANY INCORPORATED AND REGISTERED UNDER THE PROVISIONS OF THE COMPANIES ACT, 2013, HAVING CIN : U55029DL2019PTC347492 AND HAVING ITS REGISTERED OFFICE AT THE LEELA PALACE, DIPLOMATIC ENCALVE, AFRICA AVENUE, NETAJI NAGAR, SOUTH DELHI NEW DELHI - 110 023. ALSO AT NO. 23, OLD AIRPORT ROAD, THE LEELA PALACE, OLD AIRPORT ROAD, KODIHALLI, BANGALURU, BENGALURU (BANGALORE) URBAN, KARNATAKA - 560 008

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…RESPONDENT

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(BY SRI SHIRISH KRISHNA, ADVOCATE)

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THIS COMMERCIAL APPEAL FILED UNDER SECTION 13(1-A) OF THE COMMERCIAL COURTS ACT, 2015 READ WITH SECTION 37 OF THE ARBITRATION AND CONCILIATION ACT, 1996 AND ORDER XLIII RULE 1(r) OF THE CODE OF CIVIL PROCEDURE, 1908 PRAYING TO SET ASIDE THE EX PARTE ORDER DATED 07.02.2025 PASSED ON I.A.NOS 1 TO 4 OF 2025 IN COM.A.A.NO.87/2025, BY THE LEARNED LXXXVIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, AT BENGALURU (COMMERCIAL COURT) (CCH-88) PRODUCED AT ANNEXURE A AND ETC,

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THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE K. V. ARAVIND

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ORAL JUDGMENT

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(PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA)

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

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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.

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

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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

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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.

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

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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.

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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 applicantappellant herein preferably on or before 30.04.2025.

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