- 1 - HC-KAR CNR: KAHC010447722026 NC: 2026:KHC:46676 AP.IM No. 5 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL ARBITRATION PETITION-INTERIM MEASURE NO. 5 OF 2026 BETWEEN: ELCOMPONICS SALES PRIVATE LIMITED COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 CIN: U74899UP1995PTC127941 OFFICE AT: C-24, PHASE-II, GAUTAM BUDDHA NAGAR, NOIDA- 201 305, UTTAR PRADESH, INDIA REPRESENTED BY MR. RAHUL DWIVEDI. …PETITIONER (BY SRI. DHYAAN CHINNAPPA, SR. COUNSEL FOR SRI. MADHUR A. KALYANSHETTY, ADVOCATE) AND: 1. TAMURA EUROPE LIMITED A LIMITED COMPANY INCORPORATED UNDER THE LAWS OF ENGLAND AND WALES COMPANY NUMBER: 00463530, REGISTERED AND PRINCIPAL TRADING OFFICE AT: HENLEAZE HOUSE BUSINESS CENTRE, 13 HARBURY ROAD, HENLEAZE, BRISTOL, BS9 4PN, UNITED KINGDOM. 2. TAMURA CORPORATION A CORPORATION ORGANIZED UNDER THE LAWS OF JAPAN GLOBAL HEADQUARTERS AT 1-19-43, Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010447722026 NC: 2026:KHC:46676 AP.IM No. 5 of 2026 HIGASHI-OIZUMI, NERIMA-KU, TOKYO, 178-8511, JAPAN 3. TAMURA CORPORATION (THAILAND) CO. LTD. A CORPORATION ORGANIZED UNDER THE LAWS OF KINGDOM OF THAILAND OFFICE AT: 1858/120, INTERLINK TOWER, BANGNA, 27TH FLOOR, DEBARATNA ROAD, BANGNA TAI, BANGNA BANGKOK, KINGDOM OF THAILAND - 10260 ALSO ATTAMURA CORPORATION (THAILAND) CO. LTD. FACTORY, OFFICE AT: 381 MOO 7, TAMBON HUASAMRONG, AMPHUR, PLAENGYAO, CHACHOENGSAO PROVINCE KINGDOM OF THAILAND - 24190. 4. TAMURA ELCOMPONICS TECHNOLOGIES PRIVATE LIMITED, COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 CIN: U31104UP2006PTC032489 OFFICE AT C-24, PHASE-II, GAUTAM BUDDHA NAGAR, NOIDA - 201 305 UTTAR PRADESH, INDIA. …RESPONDENTS (BY SRI. .G. RAGHAVENDRA, SR. COUNSEL FOR SRI. PADMANABHA HOLLA S, ADVOCATE FOR R1; R2, R3 AND R4 - SERVED) THIS ARBITRATION PETITION-INTERIM MEASURE FILED UNDER SECTION 9 OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO i) DIRECT RESPONDENT NO. 1, 2 AND 3, THEIR RESPECTIVE AFFILIATES, SUBSIDIARIES, GROUP ENTITLES, AGENTS, REPRESENTATIVES, DISTRICUTORS, INTERMEDIARY ENTITIES AND ALL PERSONS ACTING FOR, ON BEHALF OF, OR IN CONCERT WITH THEM TO BE RESTRAINED - 3 - HC-KAR CNR: KAHC010447722026 NC: 2026:KHC:46676 AP.IM No. 5 of 2026 FROM DIRECTLY OR INDIRECTLY MANUFACTURING, MARKETING, SELLING, SUPPLYING, QUOTING FOR, SOLICITING ORDERS FOR, CANVASSING OR IN ANY OTHER MANNER DEALING IN PRODUCTS WITHIN THE TERRITORY OF INDIA AND THE PHILIPPINES, IN BREACH OF THE JVA (ANNEXURE A). THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER 1. Heard Sri.Dhyan Chinnappa, learned Senior Counsel appearing on behalf of the petitioner, Sri.K.G.Raghavan, learned Senior Counsel appearing on behalf of respondent No.1 and Sri C.K.Nandakumar, learned Senior Counsel appearing on behalf of respondents No.2 and 3. 2. It is submitted by the learned Senior Counsel for the respondents that, the Arbitral Tribunal consisting of three Arbitrators has already been constituted. 3. Learned Senior counsel for the petitioner has filed a Memo dated 28.08.2026 along with a copy of E-mail dated 27.08.2026, which is stated to have been forwarded by the learned counsel for respondent No.1 to - 4 - HC-KAR CNR: KAHC010447722026 NC: 2026:KHC:46676 AP.IM No. 5 of 2026 the Arbitral Tribunal raising issue pertaining to the parties to the Arbitration Agreement. 4. Referring to the same, learned Senior Counsel for the petitioner submits that, though in principle, petitioner may not have any objections in the interim prayer to be considered by the Arbitral Tribunal, which is now constituted, the petitioner has apprehension that under the guise of determination of the issue with regard to the binding nature of Arbitration Agreement, respondent Nos. 2 and 3 may prolong the matter insisting determination of the said issue before consideration of application for interim prayer. Therefore, he submits that a clarification be given that no such condition be imposed by the respondent Nos.2 and 3 for the purpose of consideration of application under Section 17 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the Act" for brevity). 5. In response, learned Senior counsel appearing for the respondent No.1 submits that, such an issue would - 5 - HC-KAR CNR: KAHC010447722026 NC: 2026:KHC:46676 AP.IM No. 5 of 2026 invariably be raised for consideration and same cannot be restricted. Learned Senior Counsel appearing for respondent Nos. 2 and 3 supplements to the same. 6. Appropriate at this juncture to refer provision of sub- Section (3) of Section 9 of the Act reads as under : "9. Interim measures, etc., by Court. (1) xxxx (2) xxxx (3) Once the arbitral tribunal has been constituted, the Court shall not entertain an application under sub- section (1), unless the Court finds that circumstances exist which may not render the remedy provided under section 17 efficacious." 7. From the above provision it is clear that once the Arbitral Tribunal is constituted, the Court shall not entertain any application under sub-section (1) of Section 9 unless it is pointed out that there exist circumstances which would render remedy under Section 17 ineffective. 8. In view of the circumstances which is now canvassed, this Court is of the considered view that, it is best left to the - 6 - HC-KAR CNR: KAHC010447722026 NC: 2026:KHC:46676 AP.IM No. 5 of 2026 wisdom of the Arbitral Tribunal and no opinion is required to be expressed in the matter. 9. Parties shall place the pleadings made in this application before the Arbitral Tribunal for consideration of interim relief. Petition stands disposed of for statistical purposes. Sd/- (M.G.S. KAMAL) JUDGE rs List No.: 1 Sl No.: 13