Justice Abhay Ahuja granted permission under Clause XII of the Letters Patent, allowing Kundra to file proceedings on the Original Side of the High Court. The intended suit aims for a declaration that the anti-suit injunction from the UK court is legally invalid, alongside permanent, interim, and ad-interim injunctions.
Kundra’s application states that Kuki Investments Limited, a firm based in the Bahamas and owned by him, beneficially owns 11.70% of the issued and paid-up share capital of Royals Multisport Private Limited, which holds the Rajasthan Royals franchise. This stake is funneled through EM Sporting Holdings Limited, an investment entity based in Mauritius and managed by Emerging Media Ventures, incorporated in England and Wales.
In 2025, Kundra approached the National Company Law Tribunal in Mumbai, claiming oppression and mismanagement issues against Emerging Media. The petition accused the company of diverting funds, engaging in related-party transactions, and neglecting statutory record maintenance or fabricating such records.
While the NCLT proceedings were underway, Emerging Media Ventures sought an ex parte anti-suit injunction from the High Court of England and Wales, which was granted on January 29, 2026. This order barred Kundra and Kuki Investments from pursuing cases before the NCLT or initiating any legal actions in India against Emerging Media.
In response, Kundra challenged this move at the Bombay High Court under Clause XII of the Letters Patent, labeling the English order as “non est, violative of principles of natural justice and unenforceable.” He contended that the injunction significantly harmed his company’s interests by obstructing statutory remedies available in India.
On the jurisdictional matter, Kundra argued that a substantial portion of the cause of action occurred in Mumbai, where he resides, Royals Multisport has its registered office, the alleged actions pertain to an Indian company, and the NCLT proceedings are ongoing in the city.
Justice Ahuja, accepting these arguments, allowed Kundra to file a suit for an anti-enforcement order against the execution of the English anti-suit injunction within India.
Advocates Nausher Kohli and Soham K, supported by S&T Legal’s partner Akshay Gosavi and junior partner Ankit Pitti, represented Kuki Investments and Kundra.
