The High Court of Judicature at Bombay has issued an interim order restraining Swaraj Lifesciences Private Limited from selling, transferring, or slaughtering a herd of 414 goats maintained at its farm in Malthan, Pune. The directive, passed by Justice Amit Borkar, comes in response to a petition filed by Advy Biosciences Private Limited under Section 9 of the Arbitration and Conciliation Act, 1996 . The court’s intervention seeks to preserve the subject matter of a pending arbitration dispute arising from a supply agreement dated April 1, 2025 , which governs the production of Anti-Human IgG (Fc) Serum.

The dispute emerged following a termination notice issued by Swaraj Lifesciences on August 24, 2026 . Advy Biosciences, formerly known as Advy Chemical Private Limited , alleged that the termination was procedurally flawed and threatened the integrity of its proprietary research assets . Specifically, the petitioner contended that the goats in question were immunised using its own specialized immunogens, protocols, and standard operating procedures . According to the petitioner, the abrupt removal of its livestock supervisor from the respondent's farm on September 4, 2026 , left it without the ability to monitor the animals or protect confidential technical information linked to the serum production process.

Justice Borkar observed that while the court would not make a final determination on the ownership of the livestock or the validity of the termination at this preliminary stage, it was necessary to ensure that the assets remained intact for the arbitral tribunal . "The Court cannot ignore the immediate risk which may arise if the subject matter of the proposed arbitration is damaged, disposed of or dealt with in such a way that the final decision of the arbitral tribunal becomes ineffective," the court stated in its judgment.

Safeguarding Research Assets and Protocols

Under the terms of the order, Swaraj Lifesciences must continue to provide veterinary care and adhere to the immunization schedules previously established under the agreement. The court explicitly prohibited any deliberate changes to the health or productive condition of the goats, emphasizing that if any urgent veterinary treatment is required, the respondent must maintain detailed records and inform the petitioner without delay. Furthermore, the court mandated that the respondent restore the petitioner’s access to the farm, allowing one livestock supervisor to be stationed on-site as originally provided by Clause 3.11 of the supply agreement . This access is conditional upon the supervisor adhering to reasonable safety and biosecurity standards while refraining from interfering with the respondent's unrelated business activities.

The court also addressed the status of existing biological materials, specifically approximately 248 bottles of plasma stored at the facility. Justice Borkar ordered that these materials be preserved and protected from unauthorized sale or transfer. To ensure full transparency, the court directed the Prothonotary and Senior Master to nominate a Court Commissioner . This independent official is tasked with conducting an inspection of the farm to verify the count of the goats, their physical condition, and the status of the stored plasma. The Commissioner is expected to submit a detailed report within fourteen days of the first inspection, which is scheduled to take place within one week of the order.

Financial Arrangements Pending Arbitration

The court’s decision also weighed the financial implications of the dispute, particularly the respondent’s claim that it incurs approximately Rs 28,07,567 per month in maintenance costs. In a move to balance the interests of both parties, the court directed Advy Biosciences to make specific financial deposits. The petitioner is required to deposit Rs 57,34,529.78 with the Prothonotary and Senior Master to cover pending invoices, along with an additional Rs 20,25,592 as security related to the proposed purchase price of the goats.

"The Petitioner shall bear the reasonable and actual expenses required for feed, veterinary care and medical maintenance of the goats during the period for which this interim order remains in force," the order stated. These payments are to be held as security and are explicitly characterized as being without prejudice to the parties' respective legal arguments regarding payment delays, interest claims under the Micro, Small and Medium Enterprises Development Act, 2006 , or the ultimate validity of the termination notice . The respondent will continue to manage the daily operations of the farm while these funds ensure that the maintenance of the herd does not suffer during the pendency of the legal proceedings.

Maintaining the Status Quo for Arbitration

The court emphasized that these interim measures are designed solely to prevent irreparable harm while the parties transition to formal arbitration. Justice Borkar noted that the questions surrounding whether the petitioner has proprietary rights over the goats, the patentability of its immunogens, and the specific contractual obligations of each party are complex matters that must be decided on evidence. "The directions given in this order are interim measures for preserving the subject matter of the disputes. They shall not be treated as a final finding regarding ownership of the goats or plasma," the court clarified.

Both companies are now mandated to initiate the appointment of a sole arbitrator in accordance with the arbitration clause of their 2025 agreement and the requirements of Section 9(2) of the Arbitration and Conciliation Act . The petitioner has been granted a window of 90 days to commence these proceedings. Until an arbitral tribunal is fully constituted and capable of reviewing the situation, the current protective directions will remain in effect. This arrangement ensures that neither the goats nor the confidential protocols can be liquidated or repurposed, thereby preserving the possibility of specific performance or appropriate damages should the tribunal eventually rule in favor of the petitioner. The case now awaits the appointment of the court-nominated inspector, marking the first formal step in the verification process.