TOMORROW SALES AGENCY PRIVATE LIMITED Vs. XXXXXX

JUDGEMENT

(1.) The appellant, Tomorrow Sales Agency Private Limited (hereafter 'TSA ) has filed the present intra-court appeal under Sec. 37 of the Arbitration and Conciliation Act, 1996 (hereafter 'the A&C Act') impugning an order dtd. 7/3/2023 (hereafter 'the impugned order') passed by the learned Single Judge in a petition filed by respondent no.1, SBS Holdings Inc. (hereafter 'SBS') under Sec. 9 of the A&C Act being OMP(I)(COMM) 71/2023 captioned 'SBS Holding Inc. v. Anant Kumar Choudhary and Others."

(2.) SBS had filed the aforesaid petition, inter alia, praying that TSA and respondent nos. 2 to 4 be directed to disclose details of their assets and bank accounts and further furnish a security for a sum of SGD 12,12,838.98 (Singapore Dollars twelve lacs twelve thousand eight hundred and thirty eight and ninety eight cents), USD 2,46,196.96 (United States Dollars two lacs forty six thousand one hundred and ninety six and ninety six cents) and JPY 11,02,612 (Japanese Yen eleven lacs two thousand six hundred and twelve) aggregating to an amount of ?9,62,08,119/- (Indian Rupees nine crore sixty two lacs eight thousand and one hundred nineteen) as on 10/2/2023 along with interest. In addition, SBS sought an order restraining TSA and respondent nos. 2 to 4 from creating any third-party interest/right/title in respect of unencumbered movable or immovable assets.

(3.) SBS sought the aforementioned interim measures to secure the amount awarded to SBS in terms of an arbitral award dtd. 22/12/2022 (hereafter 'the Arbitral Award') delivered by an arbitral tribunal pursuant to arbitral proceedings conducted under the rules and aegis of the Singapore International Arbitration Centre (hereafter 'the SIAC').