WONDERCHEF HOME APPLIANCES PVT LTD vs SHREE SWAMINARAYANAN PTY LTD

Judgment text excerpt

28-CARBP-791-2024 copy.docx Digitally signed by PURTI IN THE HIGH COURT OF JUDICATURE AT BOMBAY PURTI PRASAD PRASAD PARAB PARAB Date: 2025.01.29 18:12:12 +0530 ORDINARY ORIGINAL CIVIL JURISDICTION COMM. ARBITRATION PETITION NO. 791 OF 2024 Wonderchef Home Appliances Pvt. Ltd. A company incorporated under the Provision of Companies Act, 1956 Through its Authorized Person Mr. Aditya Agrawal Adult Indian inhabitant aged 32 years Occupation: - Service Having its registered office at Unit No. 303, 3rd Floor, B Wing, Supreme Business Park, Supreme City, Hiranandani Gardens, Powai,) Mumbai - 400076 …Petitioner Versus Shree Swaminarayanan Pty Ltd. A company incorporated under the Provisions of Corporations Act 2001 (Cth), Australia (ACN:133 497097) Through its Authorized Person Mr. Biren Janardanbhai Desai Adult Indian inhabitant aged about 47 years Occupation: - Distributor Having its registered office at ABN 82 133497097, 8, Manto Street, Bungarribee, NSW 2767, Australia. …Respondent Mr. Malhar Zatakia a/w Mr. Kaushal Ameta i/b Legal Prism, for the Petitioner. CORAM : SOMASEKHAR SUNDARESAN, J. DATE : JANUARY 27, 2025 ORAL JUDGMENT : (Per. Somasekhar Sundaresan J.) Factual Context: 1. This is a Petition under Section 9 of the Arbitration and Conciliation Act, 1996 (“the Act”) in connection with disputes and differences between the parties relating to a Distribution Agreement dated December 26, 2017 (“Agreement”) which contains an arbitration agreement Page 1 of 10 January 27, 2025 28-CARBP-791-2024 copy.docx between the parties. The Respondent is a distributor of the Petitioner in Australia. 2. The sole prayer in this Petition is to injunct the Respondent from making any disparaging statements or taking any actions that may harm or damage, malign or disparage the Petitioner's