RAYMOND LIMITED vs MILTEX APPARELS

Judgment text excerpt

ARBPL.232.2024-F.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Digitally signed by SHRADDHA ARBITRATION PETITION (L.) NO. 232 OF 2024 SHRADDHA KAMLESH KAMLESH TALEKAR TALEKAR Date: ALONG WITH 2025.02.21 20:30:34 +0530 INTERIM APPLICATION (L.) NO. 25266 OF 2024 IN ARBITRATION PETITION (L.) NO. 232 OF 2024 Raymond Limited .. Petitioner/Applicant Versus 1. M/s. Miltex Apparels 2. Mr. Piyush Jain 3. Mr. Gaurav Sachdeva ..Respondents Mr. Rohaan Cama a/w. Saahil Menon, Oindrila Mukherjee i/b. Link Legal, Advocate for Petitioner/Applicant. Mr. Karl Tamboly a/w. Sheetal Shah i/b. M/s. Mehta & Girdharlal, Advocates for Respondents. CORAM : SOMASEKHAR SUNDARESAN, J. Reserved on : January 17, 2025 Pronounced on : February 21, 2025 JUDGEMENT : Context and Background: 1. This Petition is an appeal filed under Section 37(2)(a) of the Arbitration and Conciliation Act, 1996 (“the Act”), challenging an order dated October 4, 2023 (“Impugned Order”), by which a Learned Arbitral Tribunal upheld a challenge to its jurisdiction under Section 16 of the Act. The core issue that has to be adjudicated in this Petition is whether the agreement between the parties stood extended beyond its stated term, bringing within the scope of the arbitration clause Page 1 of 21 February 21, 2025 Aarti Palkar ARBPL.232.2024-F.doc contained in it, disputes relating to activities conducted during such extended term. Context and Factual Background: 2. The Petitioner, Raymond Ltd. (“Raymond”) is a manufacturer of ready-made branded garments while Respondent No. 1, M/s Miltex Apparels (“Miltex”), a partnership firm, is a distributor of such branded garments manufactured by Raymond in the territories of Mumbai, Navi Mumbai and Thane up to Dahanu Road and Raigad District (“Territ