Cinepolis India Private Limited v. Sree Thirumala Infra Private Limited
HIGH COURT FOR THE STATE OF TELANGANA MAIN CASE NO.: COMCA.No.11 OF 2026 PROCEEDINGS SHEET Sl.
No.
Date
ORDER
OFFICE NOTE
08. 06.05.2026 MB,J & GPK,J Mr. Avinash Desai, learned Senior Counsel representing Ms. Shraddha Gupta, learned counsel appearing for the appellant.
Mr.M.V.S.
Suresh Kumar, learned Senior Counsel representing Mr. M.V. Pratap Kumar, learned counsel appearing for the respondent.
I.A.No.3 of 2026 The applicant/appellant seeks extension of the order dated 20.04.2026 passed by this Court in two Commercial Court Appeals (COMCA Nos.8 and 11 of 2026) which is valid till 06.05.2026, until the disposal of the section 17 application filed before the learned Arbitrator.
We have heard learned Senior Counsel appearing for the appellant as well as learned Senior Counsel appearing for the respondent.
The issue revolves around an order dated 17.04.2026 passed by The Hon'ble the Chief Justice in Arbitration Application No.108 of 2026, whereby Hon'ble Sri Justice P. Naveen Rao (a former Acting Chief Justice of this Court) was appointed as an Arbitrator to adjudicate the dispute between the parties. The order dated 17.04.2026 records that the proposed Arbitrator was requested to submit his consent and a declaration in terms of section 12 (1) read with Schedule VI of The Arbitration and Conciliation Act, 1996 ('the 1996 Act') and the matter was
directed to be listed after three weeks with the learned Arbitrator's response. The three-week period expires today i.e., on 06.05.2026.
The subject matter of the present Interlocutory Application is the Common Judgment dated 20.04.2026 passed by this Court in COMCA Nos.8 and 11 of 2026. These Appeals were filed by the respondent and the applicant/appellant respectively, challenging the order dated 04.12.2025 passed by the learned Commercial Court in C.O.P. No.158 of 2025. By the order dated 04.12.2025, the respondent herein was restrained from dealing with the commercial space covered by the Memorandum of Understanding dated 23.09.2024 with third parties/entities; this arrangement was directed to remain in force for a period of 120 days or till constitution of Arbitral Tribunal, whichever is earlier.
By the Common Judgment dated 20.04.2026, this Court granted an interim order in favour of the appellant, extending the order dated 04.12.2025 passed by the Commercial Court in C.O.P. No.158 of 2025 till 06.05.2026 or until further orders are passed by the learned Arbitrator, whichever is earlier.
The appellant is now facing a practical difficulty since the appointment of the learned Arbitrator is yet to be confirmed. The interim relief granted to the appellant expires today i.e., on 06.05.2026.
Having considered the submissions made on behalf of the parties and the practical difficulties involved, the interim protection
granted to the appellant by the order dated 20.04.2026 is extended till 30.06.2026, as prayed for.
Since no application under section 17 of the 1996 Act has been filed before the learned Arbitrator, the prayer in the Interlocutory Application is modified accordingly.
__________ MB,J __________ GPK,J va