Bombay High Court · 2025-01-27
WONDERCHEF HOME APPLIANCES PVT LTD vs SHREE SWAMINARAYANAN PTY LTD
- Citation / case number
- CARBP/791/2024
- Court
- Bombay High Court
- Petitioner
- WONDERCHEF HOME APPLIANCES PVT LTD
- Respondent
- SHREE SWAMINARAYANAN PTY LTD
Judgment text excerpt
28-CARBP-791-2024 copy.docx 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 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 reputation and its brand name “Wonderchef”. The basis of this prayer is the fact that the Respondent has been sending out e-mails complaining about Petitioner's products having demonstrated defects and the poor treatment of the Respondent by the Petitioner, and the manner in which the relationship is being handled. 3. Therefore, in short, the Petitioner primarily seeks a gag order against the Respondent under Section 9 of the Act, before invocation of arbitration. Scope of Consideration under Section 9: 4. The scope of powers of this Court under Section 9 of the Act are es