RITA KALITA vs HERO MOTOCORP LIMITED

Judgment text excerpt

$~57 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 22.12.2025 + CM(M) 2482/2025, CM APPL. 81014/2025 & CM APPL. 81013/2025 RITA KALITA .....Petitioner Through: Mr. Riju Raj Singh Jamwal, Ms. Madhusmita Bora and Mr. Bijoy Kumar Pradhan, Advocates. versus HERO MOTOCORP LIMITED .....Respondent Through: Mr. Rahul Malhotra, Ms. Padamja Sharma and Mr. Aryan Jha, Advocates. CORAM: JUSTICE GIRISH KATHPALIA O R D E R (ORAL) 1. Petitioner/non-claimant before the Arbitral Tribunal has assailed order dated 10.12.2025 of the learned Arbitral Tribunal, whereby her application under Section 16 of the Arbitration and Conciliation Act, 1996 was dismissed. 2. Learned counsel for respondent/claimant appearing on advance CM(M) 2482/2025 Page 1 of 4 pages Signature Not Verified GIRISH Digitally signed by GIRISH KATHPALIA DN: c=IN, o=HIGH COURT OF DELHI, 2.5.4.20=8401dd889b27a77b2f65ffffe4afec45 569af3962c6fb4835d435f97626cacca, ou=HIGH COURT OF DELHI,CID - 7047638, KATHPALIA postalCode=110003, st=Delhi, serialNumber=d3e86796451ec45c07b5d1557 Digitally Signed 0996b40f80cbd2eee60402c487965ff801e26fa , cn=GIRISH KATHPALIA Date: 2025.12.22 16:52:51 -08'00' By:NEETU N NAIR Signing Date:22.12.2025 16:56:14 intimation accepts notice. 3. Keeping in mind the nature of the proceedings, at request of learned counsel for both sides, I have heard them finally. 4. Broadly speaking, the present petitioner/non-claimant filed an application under Section 16 of the Arbitration and Conciliation Act, 1996, contending that the relations between the parties were governed by only a letter of intent dated 31.10.2002 and there was no dealership agreement dated 13.03.2018 or 25.07.2003, which dealership agreements contain the arbitration clause. The petitioner/non-claimant contended that since jurisd