Aditya Birla Capital Limited v. Shankar Prasad Punnam

2026:BHC-OS:9003 Megha 49_carbp_660_2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL ARBITRATION PETITION NO.660 OF 2025 Aditya Birla Capital Limited

...Petitioner

V/s.

Shankar Prasad Punnam

...Respondent

________________ Ms. Jenny Somaiya with Ms. Vedika Pedhambkar i/b. Ms. Tikshta Modi for the Petitioner.

________________ CORAM: SANDEEP V. MARNE, J.

DATED: 7 APRIL 2026.

P.C.:

1) This is a Petition filed under Section 9 of the Arbitration and Conciliation Act, 1996 (the Arbitration Act) seeking interim measures before commencement of arbitral proceedings.

2) Heard Ms. Somaiya, the learned counsel appearing for the Petitioner.

3) The disputes and differences between the parties are said to have arisen out of Loan Agreement dated 18 May 2022. By order dated 11 December 2025 this Court issued court notice to the Respondent. Since court notice was returned unserved, leave was granted to the Petitioner to serve the Respondent personally vide order dated 5 February 2026. 1 of

Megha 49_carbp_660_2025 Accordingly, notice has been pasted on the door of the Respondent. Affidavit of service to that effect is tendered, which is taken on record. The Respondent is thus duly served, who has failed to appear before the Court.

4) Ms. Somaiya submits that the Petitioner has granted unsecured loan to the Respondent, who has failed to repay the same. She submits that the Respondent is likely to siphon off money from his bank account. She accordingly prays for grant of ad-interim measures in terms of prayer clauses (a) and (c).

5) I accordingly, proceed to pass the following order:- (i) Pending the arbitral proceedings and till making of the final Award, there shall be interim measures in terms of prayer clauses (a) and (c), which read as under:- (a) Pending the hearing and final disposal of the present petition and arbitration proceedings, directing the debit freeze of Respondent' bank accounts to the tune of claim amount INR 14,76,115, 39/- in the bank account namely, Account Holder Name : Shankar Prasad Punnam Account No.62189771523 Bank Name: State Bank of India; Branch Name:Hyderabad; IFSC Code: SBIN0002769; MICR Code 500002032;

(c) That pending the hearing and final disposal of this petition and arbitration proceedings, the Hon'ble Court be pleased to order and direct the Respondent, to file their respective comprehensive affidavit disclosing on oath the assets both movable and immovable held by them jointly and or severally including details of all bank accounts (with account numbers, bank statement, bank branch etc.) and all the amounts lying the Bank accounts and also all debts of the Respondent and receivables payable by third parties to the borrower/s/Respondent with their precise and exact addresses. 2 of

Megha 49_carbp_660_2025 (ii) The above interim measures shall operate for a period of 90 days, before which the Petitioner shall take steps for commencement of arbitration proceedings.

6) With the above directions, the Petition is disposed of. [SANDEEP V. MARNE, J.] Signed by: Megha S. Parab Designation: PA To Honourable Judge Date: 09/04/2026 18:44:46 3 of