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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SOMASEKHAR SUNDARESAN
Global Impex – Appellant
Versus
Sipping Tea Cinemas LLP – Respondent
| Table of Content |
|---|
| 1. overview of the investment agreement (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 2. parties' post-agreement conduct and disputes (Para 15 , 16 , 17 , 18) |
| 3. analysis of the agreement's nature (Para 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27) |
| 4. investment and rights analysis (Para 28 , 29 , 30 , 31 , 32 , 33 , 34) |
| 5. conduct implications and expectations (Para 36 , 37 , 38 , 39) |
| 6. risk of non-protection of investment (Para 40 , 41 , 42 , 43 , 44) |
| 7. interim relief measures and directions (Para 48 , 49 , 50) |
JUDGMENT:
SOMASEKHAR SUNDARESAN, J.
Context and Factual Background:
1. This Petition is filed under Section 9 of the Arbitration and Conciliation Act, 1996 (“the Act”) seeking urgent interlocutory intervention in connection with an Investment and Assignment of Rights Agreement dated April 24, 2025 (“Agreement”) entered between the parties.
2. Under the Agreement, the Petitioner, M/s Global Impex (“Global Impex”) has agreed to provide the Respondent, Sipping Tea Cinemas LLP (“Sipping Tea”) with an investment of Rs.5 crores to finance a movie tentatively titled Charak on the terms and conditions set out in the Agreement. The Petitioner essentially se
Interim measures under Section 9 can protect investment rights when there is prima facie evidence of a breach of contract, requiring careful preservation of the subject matter before arbitration.
Court has the discretion to pass a limited order of interim protection under section 9 of the 1996 Act if the application had been entertained before the constitution of the tribunal and thereafter d....
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