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Bombay High Court

Vyomeen Media Private LimitedversusOpus Perception Private Limited

Decided
Disposal
DISPOSED OFF

Holding

Since the respondent failed to appear despite service, the court allowed the petition and granted interim relief pending arbitration.

Summary

Vyomeen Media Private Limited filed an arbitration petition against Opus Perception Private Limited. The parties had an arbitration agreement, but the respondent failed to appear despite being served. The court considered the petition in light of its earlier order dated 24 June 2026 and the respondent's non‑appearance. It allowed the petition and granted the interim relief sought in prayer clause (a) pending the constitution of the arbitral tribunal. The court also permitted the respondent to apply for modification or vacation of the interim order before the tribunal. The petitioner was directed to constitute the arbitral tribunal within 60 days, and the petition was subsequently disposed of.

Issues considered

  • Whether interim relief can be granted pending the constitution of an arbitral tribunal when the respondent fails to appear
  • Whether the arbitration petition can be disposed of after granting such interim relief

Subjects

  • Arbitration
  • Interim relief
  • Non‑appearance
  • Arbitral tribunal
  • Commercial division

Judgment

                                                                                42-ARBP-10-2025.doc


                        Vivekanand
           Digitally
           signed by
                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
           VIVEKANAND
VIVEKANAND RAJENDRA
RAJENDRA   BONDE
                                     ORDINARY ORIGINAL CIVIL JURISDICTION
BONDE      Date:
           2026.08.20                     IN ITS COMMERCIAL DIVISION
           16:56:27
           +0530


                                       ARBITRATION PETITION NO. 10 OF 2025

                        Vyomeen Media Private Limited                   … Petitioner
                                  V/s.
                        Opus Perception Private Limited                 … Respondent

                        Ms. Sarvagnya P. Trivedi i/b Amar Khanna, for the
                        Petitioner.
                                                 CORAM : AMIT BORKAR, J.

                                                      DATED        : AUGUST 19, 2026
                        P.C.:

                        1.      For the reasons stated in the order dated 24 June 2026 and
                        in view of the fact that, despite service, the Respondent failed to
                        appear, the Petition is allowed in terms of prayer clause (a).

                        2.      Hence, during the pendency of the proceedings before the
                        Arbitral Tribunal, there shall be interim relief in terms of prayer
                        clause (a).

                        3.      However, it shall be open to the Respondent to apply for
                        vacation or modification of the interim order passed by this Court
                        before the Arbitral Tribunal.

                        4.      The Petitioner shall take steps to constitute Arbitral Tribunal
                        within 60 days from today.

                        5.      The Petition is disposed of.


                                                                        (AMIT BORKAR, J.)



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