Ningbo Aux Imp and Exp Co Ltd vs Amstrad Consumer India Pvt Ltd

Judgment text excerpt

k 1/35 903 carbp 983.25 os.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL ARBITRATION PETITION NO.983 OF 2025 Ningbo Aux Imp & Exp Co. Ltd. .... Petitioner V/S 1 Amstrad Consumer India Pvt. Ltd. (formerly known as OVOT Pvt. Ltd.) 2 Vijay Sales (India) Pvt. Ltd. .... Respondents _________ Ms. Kshama Loya with Ms. Sankriti Sharma i/b M/s. Link Legal for the Petitioner. Mr. Karl Tamboly with Mr. Reehan Ajmerwala, Ms. Eshika Chandan & Mr. Siddharth Punj i/b M/s. Lodha & Lodha Advocates for Respondents. __________ CORAM : SANDEEP V. MARNE, J. RESERVED ON : 14 JANUARY 2026. PRONOUNCED ON : 28 JANUARY 2026. J U D G M E N T: 1. This is a post-foreign award Petition filed under Section 9 read with Section 2(2) of the Arbitration and Conciliation Act, 1996 (Arbitration Act) seeking interim measures for securing the awarded sum from Respondents during pendency of enforcement proceedings filed by the Petitioner under Sections 47 and 49 of the Arbitration Act. The Petition involves the issue of permissibility to make interim measures under Section 9 of the Act against a third party, who is deleted from enforcement proceedings filed by the award creditor katkam Page No. 1 of 35 k 2/35 903 carbp 983.25 os.doc under Sections 48 and 49 of the Act and against whom the award is no longer enforceable. FACTS 2. Petitioner- Ningbo Aux Imp & Exp Co. Ltd. (Ningbo) is a company incorporated under the laws of People’s Republic of China and is engaged in the business of providing international trading services, particularly export of air-conditioners and related spare parts and products. The first Respondent Amstrad Consumer India Private Limited (Amstrad) was formerly known as OVOT Private Limited (Ovot), which is engaged in manufacture of electric