Gute Reise India Pvt Ltd vs Victorinox India Private Limited

Judgment text excerpt

CARBPL.7296.2025 - FINAL(1).doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMM. ARBITRATION PETITION (L) NO. 7296 OF 2025 Gute Reise India Pvt. Ltd. …Petitioner Versus Victorinox India Private Limited and Ors. …Respondents Mr. Venkatesh Dhond, Senior Advocate a/w Mr. Samarth Jaidev, Ms. Kavisha Shah, Ms. Shweta More i/b India Law Alliance, for Petitioner. Mr. Samudra Sarangi a/w Mr. Joran Diwan, Ms. Riya Kalra and Ms.Panya Gupta i/b Diwan Law Associates for Respondent No.1. Mr. Mutahhar Khan i/b Mr. Jayesh Bhosale for Respondent No.5. CORAM : SOMASEKHAR SUNDARESAN, J. RESERVED ON : April 15, 2025 PRONOUNCED ON : May 06, 2025 JUDGEMENT : Context and Background: 1. This Petition has been filed under Section 9 of the Arbitration and Conciliation Act, 1996 (“the Act”) seeking in the pleadings, a direction to the Respondent Nos.1 to 3 to continue to supply goods and Digitally signed AARTI by AARTI GAJANAN GAJANAN PALKAR products under the brand name of Swiss Army Knife and related PALKAR Date: 2025.05.06 14:27:47 +0530 Page 1 of 24 May 06, 2025 Aarti Palkar CARBPL.7296.2025 - FINAL(1).doc brands covered by a dealership agreement dated June 1, 2016 (“Agreement”) for a short period to enable the Petitioner to tide over a financial crisis caused by Respondents No. 1 to 3. 2. Another prayer is for a direction to these Respondents to deposit a sum of Rs. 190.22 crores pending arbitration. Other prayers in the Petition relate to return of data, control over certain software and production of a side letter executed among the parties by which Respondents No. 1 to 3 have assured certain reimbursement with 12% interest, which is said to have been handed over to them by Respondent No. 4. 3. However, during submissions, Learned Senior Counsel for the