Karnataka High Court
M/S. Sorting Hat Technologies Private ... vs Vishal Vivek Tiwari on 9 June, 2022
Author: P.S.Dinesh Kumar
Bench: P.S.Dinesh Kumar
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF JUNE, 2022
PRESENT
THE HON'BLE MR.JUSTICE P.S.DINESH KUMAR
AND
THE HON'BLE MR.JUSTICE ANANT RAMANATH HEGDE
COMAP NO.273 OF 2022
BETWEEN :
M/s SORTING HAT TECHNOLOGIES
PRIVATE LIMITED
A COMPANY INCORPORATED UNDER
THE COMPANIES ACT, 2013 AND
HAVING ITS REGISTERED OFFICE
AT MARUTHI INFOTECH CENTRE
3RD FLOOR, A-BLOCK, DOMLUR
KORAMANGALA, INNER RING ROAD
BANGALORE - 560 071
REPRESENTED HEREIN BY ITS
AUTHORIZED SIGNATORY
MR. TONY MATHEW. ...APPELLANT
(BY SHRI. DHANANJAY JOSHI, SENIOR ADVOCATE FOR
SHRI. KASHYAP N. NAIK, ADVOCATE)
AND :
VISHAL VIVEK TIWARI
AGED ABOUT 25 YEARS
S/O GANGADHAR TIWARI
RESIDING AT STREET NO.1
HOSPITAL CHOWK
NEAR ST. JOSEPH'S SCHOOL
MOTIHARI, EAST CHAMPARAN
BIHAR - 845 401. ...RESPONDENT
....
2
THIS COMAP IS FILED UNDER SECTION 13(1-A) OF THE
COMMERCIAL COURTS ACT, 2015 R/W SECTION 37(1)(B) OF THE
ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO SET ASIDE
THE ORDER DATED 07/06/2022 PASSED BY THE LEARNED LXXXV
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, COMMERCIAL COURTS
DIVISION, BENGALURU (CCH-86) ON I.A.NO.1 IN COM.A.A.NO.259/2022
(ANNEXURE-A) AND CONSEQUENTLY, GRANT AN EX-PARTE AD-INTERIM
ORDER AS PRAYED FOR IN IA NO.1 FILED IN COM.A.A.NO.
259/2022(ANNEXURE-M) AND ETC.
THIS COMAP COMING ON FOR ORDERS, THIS DAY, P.S.DINESH
KUMAR J., DELIVERED THE FOLLOWING:
JUDGEMENT
Heard Shri. Dhananjay Joshi, learned Senior Advocate for the appellant.
2. Shri. Joshi submitted that appellant runs a platform to provide Online education classes. On October 19, 2021, it has entered into an agreement with the respondent and paid a sum of Rs.1.5 Crores to him as per the terms of the agreement. As per Clause 16 of the agreement and particularly, Clause 16.2, respondent is not allowed to work on his own or with any third party during the currency of the agreement. Appellant learnt that respondent was uploading his course material under the domain name 'VT Sir'. Appellant issued a notice as per Annexure-D dated February 20, 2022. Respondent replied to it on May 11, 2022. Further, by an 3 email dated May 28, 2022, he also conveyed his desire to resign from his position as 'Chemistry faculty NEET category' with the appellant.
3. Shri. Joshi further submitted that appellant has enrolled students for three years. Sudden resignation of the respondent during the currency of the agreement, not only causes financial loss but also disrupts students' education, enrolled with the appellant. Therefore, appellant approached the Commercial Court with an application under Section 9 of the Arbitration Act1. The Commercial Court has ordered notice and not granted ex parte interim order. Hence, this appeal.
4. With regard to maintainability of this appeal, placing reliance on Perin Hoshang Davierwalla and another Vs. Kobad Dorabji Davierwalla and others2; and ICICI Bank Limited Vs. IVRCL Ltd. (formerly known as ICRCL Projects and Infrastructure Ltd.) and others3, Shri. Joshi submitted 1 Arbitration and Conciliation Act 1996 and 'Act' for short 2 2014 SCC OnLine Bom 534 (paras No. 7 & 8) 3 2015 SCC OnLine Hyd 311(para 10) 4 that appeal is maintainable. This Court has taken a view in Symphony Services Corporation (India) Private Limited, Bangalore Vs. Sudip Bhattacharjee4 that an appeal is maintainable only against final order.
5. In view of the decisions in Perin Hoshang and ICICI Bank Limited, we are persuaded to hold that an appeal is maintainable against an order passed by the Commercial Court ordering notice on an application filed under section 9 of the Act.
6. Before the Commercial Court, Appellant has sought for an ex parte order of injunction restraining the respondent from uploading study material in his Portal or YouTube or any other platform. It was urged that respondent's resignation causes financial loss to the appellant and disruption of study to the students. Shri. Joshi has taken us through the print outs of screen shots produced as Annexure-J which show that respondent has been uploading the study material in chemistry subject. 4 2007 SCC OnLine Kar 368 5 It was also submitted by him that there are about 2 lakh followers for respondent.
7. In our view, if an ex parte injunction order restraining the respondent from uploading the study material is passed, the same shall adversely affect those students who have enrolled with the respondent independently. Therefore, this appeal challenging the implied rejection of ex parte interim order by the Commercial Court does not merit consideration and it is accordingly dismissed.
8. In view of dismissal of this appeal, pending interlocuatary applications, if any, do not survive and they are accordingly disposed of.
No costs.
Sd/-
JUDGE Sd/-
JUDGE SPS