HERSHEYS INDIA PVT LTD vs KANTI BEVERAGES PVT LTD

Judgment text excerpt

OJ-904-ARBP-1608-2014.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO. 1608 OF 2014 Hersheys India Pvt. Ltd. …Petitioner Versus Kanti Beverages Pvt. Ltd. …Respondent Mr. Sarosh Bharucha, a/w Khushi Dhanesha, Laleh Pandole, i/b Vashi & Vashi for the Petitioner. Mr. Vishal Kanade, for Respondent. CORAM : SOMASEKHAR SUNDARESAN, J. DATE : OCTOBER 7, 2025 Oral Judgement: Context and Factual Background: 1. This is a Petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 (“the Act”) challenging an arbitral award dated April 4, 2014 erroneously passed by the Learned Arbitral Tribunal upholding every contention of the Petitioner on merits but concluding that a direction to make payment of Rs.75 lakhs to the Respondent would be appropriate and just. This has led to the Petitioner seeking an intervention of this Court to excise the last portion of the impugned Digitally ASHWINI signed by ASHWINI JANARDAN award directing such payment. JANARDAN VALLAKATI VALLAKATI Date: 2025.10.27 11:16:04 +0530 Page 1 of 13 October 7, 2025 Ashwini Vallakati OJ-904-ARBP-1608-2014.doc 2. Petitioner, Hersheys India Pvt. Ltd. was earlier a division of Godrej Industries Limited (“Hersheys”) and had engaged the Respondent, Kanti Beverages Pvt. Ltd. (earlier Tristar Beverages Pvt. Ltd., “Kanti”) to undertake contract manufacturing and packaging of beverages marketed under the brand name, ‘ Jumpin….'. The range of products covered for contract manufacture and packaging were set out in and were pursuant to the terms of the Agreement dated December 11, 2004 (“Agreement”). The tenure of the agreement was three years and it was meant to run its course between December 7, 2004 and December 6, 2007. 3. Kanti claimed to be a pioneer