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2026:BHC-O S:22950 CNR No : HCBM020320652026 AGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMM ARBITRATION PETITION (L) NO.32064 OF 2026 ATUL Advy Biosciences Private Limited GANESH KULKARNI (formerly known as Advy Chemical Digitally signed by Private Limited) … Petitioner ATUL GANESH KULKARNI Date: 2026.10.23 12:31:39 +0530 Vs.

Swaraj Lifesciences Private Limited … Respondent Mr. Vishal Kanade with Mr. Ravitej Chilumuri, Ms. Aishwarya Singh, Ms. Antara Kalambi and Mr. Prince Tode i/by Khaitan & Co., for the Petitioner.

Mr. Shriram Kulkarni with Mrs. Pooja N. Sejpal, and Mr. Krunal Thakkar for the Respondent.

CORAM : AMIT BORKAR, J.

RESERVED ON : OCTOBER 22, 2026. PRONOUNCED ON : OCTOBER 23, 2026 JUDGMENT:

1. The Petitioner has filed the present Petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking urgent protection in respect of the Supply Agreement dated 1 April 2025 entered into between the parties. The grievance of the Petitioner is that the Respondent has issued a Termination Notice dated 24 August 2026 and has stopped the Petitioner from keeping its Livestock Supervisor at the Respondent's farm. According to the Petitioner, goats are kept at the said farm and they have been immunised by using the Petitioner's own immunogens and protocols. The Petitioner says that if proper care of these goats and the agreed process is not continued, their productivity may be affected. It has an apprehension that its confidential information may be used or disclosed against the terms of the Agreement.

2. The dispute between the parties is not only regarding some invoices which are said to have been paid late. It relates to what will be the effect of termination of the Agreement, what duties are to be performed by both parties regarding the goats, the supply and use of plasma produced from them, the Petitioner's claim regarding confidential information and intellectual property rights, and who has to bear the expenses for keeping the herd. This Court is required to consider these issues only so far as they are necessary for deciding whether interim protection should be given. The final rights and liabilities of the parties will have to be decided in the arbitration proceedings.

3. The Petitioner states that the parties have been doing business with each other since 2019, including through the earlier entity of the Respondent. Under the Supply Agreement dated 1 April 2025, the Respondent was required to maintain at least 400 productive goats for supplying Anti-Human IgG (Fc) Serum (Goat), which is referred to as the Products in the Agreement. According to the Petitioner, 418 goats were being maintained for this purpose when the dispute arose. However, in its rejoinder, the Petitioner states that four goats have died after filing of the Petition and that 414 goats are now available. The actual number of goats and their present condition will have to be independently checked. The Petitioner submits that it supplies the immunogens, immunisation schedules, standard operating procedures, protocols and other technical information which are required for carrying out the process. According to the Petitioner, the goats have undergone a special process and the plasma produced from them is connected with the Petitioner's own material and confidential information. The Petitioner states that the goats can remain productive for a long period, but their productivity may be seriously affected if immunisation, booster doses, health monitoring and other prescribed procedures are not properly followed. It says that if a new herd is to be developed and brought to the required production stage, it may take at least eighteen months. It is the case of the Petitioner that Clause 3.11 of the Agreement provides for a Livestock Supervisor employed by the Petitioner to be stationed at the Respondent's farm. According to the Petitioner, this arrangement was made s