Karnataka Antibiotics and Pharmaceutical Limited Vs Glatt… — Arbitration | Karnataka HC (2025)

Karnataka Antibiotics and Pharmaceutical Limited Vs Glatt… — Arbitration | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Appeal dismissed as not maintainable; liberty reserved to file a fresh appeal before the Division Bench as per Circular No.R(J) 65C/2017 dated 30.10.2017; benefit of Section 14 of the Limitation Act, 1963 excluding the period spent before this Court; Registry directed to return all certified copies to the appellant/counsel for the appellant.

Issue for consideration

Whether the Miscellaneous First Appeal under Section 37(1)(c) of the Arbitration and Conciliation Act, 1996 against an order/judgment of the Commercial Court is maintainable before a single Judge of this Court, given the Court's Circular directing commercial appeals to the Division Bench.

Court's answer

Per this Court's Circular No.R(J) 65C/2017 dated 30.10.2017, appeals against orders passed by the Commercial Courts are to be maintained before the Division Bench of this Court.

Ratio / Principle

Accordingly, the present appeal against the Commercial Court's order is not maintainable before this Court (single Judge), and is dismissed as not maintainable.

Key takeaways

The appellant is entitled to the benefit of Section 14 of the Limitation Act, 1963, excluding the period spent before this Court in filing this appeal, so as to enable a fresh appeal before the Division Bench.ratio¶32

Detailed headnote1 paragraphs

MFA No. 9331 of 2025 (AA), High Court of Karnataka (single Judge, Hanchate Sanjeevkumar J., 18.12.2025): Karnataka Antibiotics and Pharmaceuticals Ltd. v. Glatt Systems Pvt. Ltd. — appeal under S.37(1)(c) Arbitration and Conciliation Act, 1996 against judgment dt. 13.06.2025 of the LXXXIX Additional City Civil and Sessions Judge, Bengaluru, in COM.A.A.No. 442/2024, which had partly allowed a S.9 application. On the office objection, the Court held that per its Circular No.R(J) 65C/2017 dated 30.10.2017, appeals against Commercial Court orders lie before the Division Bench; the appeal was therefore dismissed as not maintainable before the single Judge, with liberty to file afresh before the Division Bench, benefit of S.14 Limitation Act, 1963 (excluding time spent before this Court), and directions to the Registry to return certified copies.

1 - NC: 2025:KHC:54693 MFA No. 9331 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 9331 OF 2025 (AA)

BETWEEN:

KARNATAKA ANTIBIOTICS AND PHARMACEUTICAL LIMITED (A GOVERNMENT OF INDIA ENTERPRISES), INCORPORATED AND REGISTERED UNDER THE COMPANIES ACT, 1956, ARKA - THE BUSINESS CENTER, PLOT NO.37, SITE NO.34/4, PEENYA INDUSTRIAL AREA, 2^ND PHASE, BENGALURU-560 058. KARNATAKA REP BY ITS DEPUTY GENERAL MANAGER. SRI MAHESH N.C.

…APPELLANT

Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA

(BY SRI. T. RAJARAM, ADVOCATE)

AND:

GLATT SYSTEMS PRIVAWTE LTD., A PRIVATE LIMITED COMPANY, INCORPORATED AND REGISTERED UNDER THE COMPANIES ACT, 1956, HAVING CI NO.U29299PN200 7FTC130591, AND HAVING REGISTERED ADDRESS AT GAT NO.321/2, 322/1, 324/1, 324/2, PUNE-AHMEDANAGAR ROAD, VILLAGE KONDHAPURI, TALUKA SHIRUR, PUNE 412 209, MAHARASHTRA,

2 - NC: 2025:KHC:54693 MFA No. 9331 of 2025

HC-KAR

THROUGH AUTHORISED REPRESENTATIVE MR.SHONIL BAKARE,

…RESPONDENT

THIS MFA IS FILED U/S.37(1)(c) OF THE ARBITRATION AND CONCILIATION ACT, 1996, AGAINST THE JUDGMENT DT. 13.06.2025 PASSED IN COM.A.A.NO. 442/2024 ON THE FILE OF THE LXXXIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, PARTLY ALLOWING THE APPLICATION FILED U/S.9 OF THE ARBITRATION AND CONCILIATION ACT, 1996.

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

CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR

ORAL JUDGMENT

The office has raised objection regarding

maintainability of the appeal against the order passed by the Commercial Court.

This Court has issued Circular No.R(J) 65C/2017 dated 30.10.2017 that against the order passed by the Commercial Courts, commercial appeals be maintainable before the Division Bench of this Court.

3 - NC: 2025:KHC:54693 MFA No. 9331 of 2025

HC-KAR

Therefore, in view of this, the appeal is not maintainable

before this Court.

Therefore, the appeal is dismissed as not maintainable .

However, liberty is reserved to file a fresh appeal

before the Division Bench as per the above said Circular.

The appellant is entitled for the benefit of Section

14 of the Limitation Act, 1963 excluding the period spent before this Court by filing the appeal.

Registry is directed to return all the certified copies to the appellant/counsel for the appellant.

SD/-

(HANCHATE SANJEEVKUMAR)

JUDGE

PSJ List No.: 1 Sl No.: 21 CT-SG