Authority: High Court of Judicature at Madras
Order Date: 21 September 2026
Case Overview
- Parties: Applicant – Samunnati Agri Value Chain Solutions Pvt Ltd (formerly Samunnati Financial Intermediation and Services Pvt Ltd and Samunnati Agro Solution Private Limited), represented by authorised signatory Dr. Vasudevan S.; Respondent – Gogreen Warehouses Pvt Ltd.
- Nature of Proceedings: Multiple arbitration applications (Nos. 614‑616, 803, 118390, 1513‑1520 of 2026) filed under Section 9(i)(ii)(e) of the Arbitration and Conciliation Act, 1996 seeking interim reliefs such as asset disclosure, bank‑account freeze, attachment of assets, and an interim injunction.
- Background: The parties entered a Master Facility Agreement with SBM Bank (India) Ltd., appointing Gogreen as Collateral Manager, and a Master Warehousing Agreement whereby Gogreen stored 4,628 cotton bales for Samunnati at a warehouse in Raigad, Maharashtra between 26 April 2023 and 10 May 2023. The goods were valued at Rs 14,09,65,589. A fire destroyed the cotton bales. Gogreen notified the insurer, which repudiated the claim based on a forensic expert report. A consumer complaint (C.C.No.255 of 2025) was filed before the District Consumer Disputes Redressal Commission, Ahmedabad.
- Reliefs Sought by Applicant:
1. Disclosure of all assets, liabilities and pending litigations of Gogreen worldwide (Application No. 614).
2. Security for the principal claim – either deposit of Rs 14,09,65,589 or an unconditional bank guarantee of the same amount (Application No. 615).
3. Debit freeze of Gogreen’s bank accounts up to the amount of Rs 14,09,65,589 (Application No. 616).
4. Attachment of Gogreen’s assets sufficient to satisfy any future award (Application No. 803).
5. Interim injunction restraining Gogreen from dealing with its assets pending arbitration (Application No. 118390).
- Reliefs Sought by Respondent: Recall of the common orders dated 25‑06‑2026 (asset‑disclosure) and 09‑07‑2026 (bank‑freeze) through Applications Nos. 1513‑1520 of 2026, arguing that the orders impair its business and that the insurance claim is being contested.
- Court’s Observations:
- The existence of a warehousing agreement and the fire‑damage to the applicant’s goods are undisputed.
- The respondent, as bailee, is contractually obligated to ensure adequate insurance, safety, and security of the stored commodities.
- The respondent admitted the quantity and value of the goods and did not dispute the valuation of Rs 14,09,65,589.
- The applicant’s financial position may be jeopardised without interim protection; the respondent’s financial statements indicate a deteriorating condition.
- Under Section 9, the Court can grant interim reliefs to protect the interest of either party.
Final Outcome
- The Court dismissed the respondent’s applications to recall the orders dated 25‑06‑2026 and 09‑07‑2026.
- It directed Gogreen Warehouses Pvt Ltd to furnish an unconditional bank guarantee in the name of Samunnati Agri Value Chain Solutions Pvt Ltd for Rs 14,09,65,589.
- The guarantee must remain in force until the arbitration proceedings are initiated, which the applicant must do within eight (8) weeks from the date of this order.
- If the applicant fails to commence arbitration within the stipulated period, the interim measures, including the bank guarantee, will stand vacated.
Topics: Court Order, Arbitration Interim Relief, Warehousing Dispute