Vijay sales India Pvt Ltd vs Ningbo Aux Imp and Exp Company Limited

Judgment text excerpt

F-OJ-38-CARBPL-29646-2024+.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL ARBITRATION PETITION (L) NO. 29646 OF 2024 Ningbo Aux Imp and Exp Co Ltd …Petitioner Versus Amstrad Consumer India Pvt Ltd & Anr …Respondents WITH INTERIM APPLICATION NO. 2099 OF 2025 WITH INTERIM APPLICATION NO. 2097 OF 2025 IN COMMERCIAL ARBITRATION PETITION (L) NO. 29646 OF 2024 Ms. Kshama Loya, a/w Sanskriti Sharma, Oindrila Mukherjee, i/b Link Legal, for the Petitioner. Mr. Karl Tamboli, a/w Gajendra Maheshwari, Siddharth Punj, Eshika Chandan & Deval Yadav, i/b Lodha & Lodha Associates, for Respondent Nos.1 & 2. CORAM : SOMASEKHAR SUNDARESAN, J. DATE : JULY 4, 2025 Oral Judgement: Context and Factual Background: 1. Heard Learned Counsel for the parties at significant length. Interim Application No.2099 of 2025 and Interim Application No.2097 ASHWINI of 2025 essentially seek deletion of Respondent No.2 from the array of JANARDAN VALLAKATI Digitally signed by Page 1 of 13 ASHWINI JANARDAN VALLAKATI Date: 2025.07.11 10:49:35 +0530 July 4, 2025 F-OJ-38-CARBPL-29646-2024+.doc parties in Commercial Arbitration Petition (L) No.29646 of 2024, and vacation of an order dated March 12, 2025, directing disclosure of assets. 2. The core ground on which the prayers have been made in these interim applications is that the award has been passed in proceedings arising out of an arbitration clause contained in an agreement dated October 23, 2020. It is contended that Respondent No.2 was never a party to either the arbitration agreement or the arbitral proceedings. Therefore, it is contended that the arbitral award sought to be enforced under Part II of the Act cannot be said to be an award made between the Petitioner and Respondent No.2.