A.K. SIKRI, J.

1. Certain disputes have emerged between the appellant and the respondent herein, which arise from the Agreement dated 25.8.2008 entered between the parties, known as „Manufacture and Sale Agreement?. As this covenant contains an arbitration clause, the appellant herein proposes to invoke the arbitration in accordance with the said Agreement. Pending this action the appellant moved an application under Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as „the Act?) for interim measures, inter alia, praying that the respondent be restrained from implementing the terms of Agreement entered into by it directly or through its holding company, viz., Cosmo Films regarding sale of its commercial print finishing business. Learned Single Judge has dismissed this application vide impugned orders dated 14.5.2009. Reason given is that as per the Agreement, the disputes are to be resolved though arbitration under Singapore International Arbitration Rules (SIAC Rules) and it is the courts in Singapore which have jurisdiction to settle any disputes that may arise out of or in connection with the said Agreement. Therefore, this Court lacks jurisdiction to entertain the application under Section 9 of the Act. Validity of this order is challenged in this appeal. Therefore, the only question which needs to be determined is as to whether application under Section 9 of the Act was maintainable in this Court or not. The Facts

2. Having regard to the aforesaid scope of the present appeal though it is not necessary to spell out the details of the nature of disputes, a brief resume thereof would serve the purpose. The appellant, which is engaged in the business of manufacture, sale and marketing of variety of thermal lamination films, polypropylene films including bi-axially oriented polypropylene (BOPP) films, had entered into two agreements both dated 25.8.2008 with the respondent. The respondent is a company registered under the laws of Delaware, USA. It is the subsidiary of Acco Brands Corporation and is engaged in the business of production, distribution of lamination, binding and office stationery and is a part of Acco Brands Group which deals in the manufacture of various office products, including films and lamination. On 25.8.2008 two agreements, namely, Coating Lines Sale Agreement between the appellant, GBC and two of its subsidiaries namely, Acco Brands Benelux B.V. and Hwa Seung GBC Co. Ltd., and another agreement, namely, Manufacture and Sale Agreement between the appellant and GBC were executed. Under the agreement, Max India agreed, inter alia, to manufacture products from Max India in quantities agreed therein, for a period of 10 years from the date of execution of the aforesaid agreement.

3. According to the appellant, the Agreement was executed between the appellant and the respondent on „principal to principal basis.? This is evident from Clause 12 of the Agreement whereby the parties have agreed that during the non-complete period, neither party nor any of its affiliates shall market, sell or distribute the products in each other?s territories marked as A and B in the Agreement. Thus, under clause 12.2 of the Agreement, GBC categorically agreed that during the non-compete period, neither GBC nor its affiliates shall market, sell or distribute the products, whether directly or indirectly, either by itself or for or through a third party, in the Class B Territories listed in Schedule 6 of the Agreement. Such “Class B Territories” includes India. It is also stated under Clause 21.11 of the Agreement that the Agreement is personal to the parties and shall not be capable of assignment without prior approval of the other party. It is stated that under the said clause, the respondent is not permitted to assign the rights and obligations under the Agreement without providing a reasonable notice to the appellant and to an entity which is situated in India and compet