Justice Abhay Ahuja granted leave under Clause XII of the Letters Patent, permitting Kundra to institute proceedings on the Original Side of the High Court. The proposed suit seeks a declaration that the UK court’s anti-suit injunction is invalid in law, along with permanent, interim and ad-interim injunctions.
Kundra’s plea states that Kuki Investments Limited, a Bahamas-based firm owned by him, beneficially holds 11.70% of the issued and paid-up share capital of Royals Multisport Private Limited, which owns the Rajasthan Royals franchise. The stake is routed through Mauritius-based EM Sporting Holdings Limited, an investment vehicle controlled by England-and-Wales incorporated Emerging Media Ventures.
In 2025, Kundra had moved the National Company Law Tribunal in Mumbai, alleging oppression and mismanagement by Emerging Media. The petition accused the company of siphoning funds, engaging in related-party transactions and failing to maintain or fabricating statutory records.
While the NCLT proceedings were pending, Emerging Media Ventures approached the High Court of England and Wales and secured an ex parte anti-suit injunction on January 29, 2026. The order restrained Kundra and Kuki Investments from pursuing proceedings before the NCLT or initiating any legal action in India against Emerging Media.
Challenging the move, Kundra approached the Bombay High Court under Clause XII of the Letters Patent, terming the English order as “non est, violative of principles of natural justice and unenforceable”. He argued that the injunction severely prejudiced his company’s interests by blocking statutory remedies available in India.
On the question of jurisdiction, Kundra submitted that a substantial part of the cause of action arose in Mumbai as he resides there, Royals Multisport has its registered office in Mumbai, the alleged acts relate to an Indian company and the NCLT proceedings are ongoing in the city.
Accepting the submissions, Justice Ahuja permitted Kundra to file a suit seeking an anti-enforcement order against the operation of the English anti-suit injunction within India.
Advocates Nausher Kohli and Soham K, briefed by S&T Legal’s partner Akshay Gosavi and junior partner Ankit Pitti, appeared for Kuki Investments and Kundra.