Edaline International Private Limited v. Kult App Private Limited

512-CARBP-218-2015 copy.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMM. ARBITRATION PETITION NO. 218 OF 2025 Edaline International Private Limited

...Petitioner

Versus

Kult App Private Limited

...Respondent

Advocate for the Petitioner appeared but appearance not given.

CORAM

: SOMASEKHAR SUNDARESAN, J.

DATE : APRIL 3, 2025 PC :

1.

This is a Petition under Section 9 of the Arbitration and Conciliation Act, 1996 ("the Act") seeking interlocutory protective reliefs in connection with disputes and differences between the parties relating to a Supply Agreement dated May 2, 2024. The Supply Agreement contains arbitration agreement, which in the interest of brevity is not extracted here. Suffice it to say that the matter falls within the jurisdiction of this Court.

2.

The Petitioner claims dues of approximately to the tune of Rs.6.13 lakhs under the Supply Agreement. Despite service of this proceeding on the Respondent, none has entered appearance. It is seen from the service affidavit April 3, 2025 REKHA PRAKASH PATIL REKHA PRAKASH PATIL Date: 2025.04.29 17:36:08 +0530

512-CARBP-218-2015 copy.docx dated December 16, 2024 that the Petition has been served on the Respondent via WhatsApp and e-mail. Since the Respondent has chosen not to appear some intervention would be warranted.

3.

Considering the scale of the dispute and the fact that the Respondent has not entered appearance, to preserve the subject matter of the arbitration, ad-interim relief is hereby granted in terms of prayer clause (a), which is found at page 23 of the Petition.

4.

It is made clear that should the Respondent be desirable of varying, altering or vacating the ad-interim relief granted hereby, the Respondent may appear on the next date and present their say.

5.

List for further consideration on May 2, 2025. The Petitioner shall be expected to provide an update on filing of an application under Section 11 of the Act.

6.

All actions required to be taken pursuant to this order shall be taken upon receipt of a downloaded copy as available on this Court's website.

[ SOMASEKHAR SUNDARESAN, J.] April 3, 2025 Rekha Patil