2026:BHC-OS:2362 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.

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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 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 motors, generators, transformers and sale of home appliances. Petitioner entered into an agreement with Amstrad/Ovot, under which Respondent No.1 agreed to purchase AC units from the Petitioner. The Purchase Order dated 23 October 2020 placed by Amstrad upon Petitioner contained an arbitration clause. Petitioner supplied AC units to Amstrad. Respondent No.2- Vijay Sales (India) Private Limited (Vijay Sales) apparently had links with Amstrad since promoters and directors of Vijay Sales held key managerial positions in Amstrad. According to Petitioner, Vijay Sales had executed guarantee certificate on 28 February 2020 guaranteeing that it would be responsible for all payments to be made by Amstrad/Ovot to Ningbo for orders upto USD 10 million and that if Amstrad/Ovot made any payment default, Vijay Sales would be responsible to pay to Ningbo. The guarantee certificate was valid from 1 March 2020 to 31 August 2021. It is Petitioner’s contention that the sale transaction for AC units was entered into by Ningbo with Amstrad/Ovot on the strength of guarantee issued by Vijay Sales.

3. Disputes arose between Ningbo and Amstrad/Ovot in respect of payment of proforma invoices issued between 8 February 2021 to 12 February 2021. Ningbo therefore wrote to Vijay Sales on 24 April 2021 to fulfil its guarantee and make payment on behalf of Amstrad/Ovot. Vijay Sales responded stating that all dues payable to Amstrad/Ovot were fully paid.

4. Petitioner-Ningbo initiated arbitration proceedings on 26 September 2021 under the aegis of Shanghai International Arbitration Centre (SHIAC) against both Amstrad/Ovot and Vijay Sales. It is Petitioner’s case that the Case Manager at SHIAC verbally instructed the Petitioner-Ningbo to refile the Arbitration Application by deleting name of Vijay Sales citing that Vijay Sales was not a party to the Proforma Invoices. Petitioner accordingly refiled the Arbitration Application only against Amstrad/Ovot. The SHIAC Arbitral Tribunal made Arbitral Award dated 30 November 2023 directing Amstrad/Ovot to pay to Ningbo USD 1,448,940.91 towards outstanding dues and RMB 180,533.38 towards refund of arbitration fees.

5. Since Respondents failed to pay the awarded amounts to the Petitioner, enforcement proceedings under Sections 47 and 49 o