OSA VENDITA PVT. LTD. vs BAUSCH AND LOMB INDIA PVT. LTD.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 23rd APRIL, 2026 IN THE MATTER OF: + O.M.P. (COMM) 336/2022 & I.A. 12732/2022, I.A. 12733/2022, I.A. 12736/2022, I.A. 20742/2022 OSA VENDITA PVT. LTD. .....Petitioner Through: Mr. Abhay Chitravanshi with Mr. Raghav Awasthi, Advocates. versus BAUSCH AND LOMB INDIA PVT. LTD. .....Respondent Through: Ms. Mukti Chaudhry, Advocate. CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD JUDGMENT 1. The present Petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the „Act‟) has been filed by the Petitioner for setting aside the Impugned Award dated 27.09.2021 passed by the Sole Arbitrator whereby the Arbitrator has dismissed the claim of the Petitioner for loss of profit along with interest thereon as well as the cost of litigation. 2. The Petitioner, OSA Vendita Pvt. Ltd. carries on the business as a C & F agent (Clearing and Forwarding agent) and works as a distributor under the name and style of OSA Vendita Pvt. Ltd. The Petitioner Company was initiated as a partnership in the name of Om Sai Agencies, but was later incorporated into a Company in the year 2004. Signature Not Verified RAHUL SINGH 26.04.2026 18:34 O.M.P. (COMM) 336/2022 Page 1 of 27 3. The Respondent, Bausch & Lomb Eyecare (India) Pvt. Ltd. is engaged in the business of manufacture and sale of eye care products including but not limited to lenses. It carries on such business from its office at Royd Street, Kolkata. The Respondent also has its registered office at 303, DLF South Court, A-1, Saket, New Delhi – 110017. 4. Shorn of unnecessary details, the facts leading to the filing of the present Petition are as follows: i. In 2003, the Respondent approached the Petitioner to act as the distributor of its eye care p