INDIA YAMAHA MOTOR PRIVATE LIMITED vs M/S MILLENIUM AUTOMOBILES AND ORS.

Judgment text excerpt

$~25 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 11.02.2026 + O.M.P. (COMM) 251/2018 INDIA YAMAHA MOTOR PRIVATE LIMITED .....Petitioner Through: Mr. Arpit Dwivedi and Mr. Manmeet Singh Nagpal, Advs. versus M/S MILLENIUM AUTOMOBILES AND ORS. .....Respondents Through: Mr. Rajesh Banati, Mr. Ashish Sareen, Mr. Adil Asghar, Mr. Aditya Mishra and Mr. Ankit Banati, Advs. CORAM: HON'BLE MR. JUSTICE AVNEESH JHINGAN AVNEESH JHINGAN, J. (ORAL) 1. This petition is filed under Section 34 of the Arbitration and Conciliation Act, 1996 (in short „the Act‟) against the award dated 30.10.2015 whereby the claim filed by the petitioner and counter- claim filed by the respondents were dismissed. 2. The petitioner is a private limited company engaged in the manufacturing of two wheeler vehicles. The respondents were given dealership by M/s Yamaha Motor India Private Limited and M/s Yamaha Motor India Sales Private Limited and entered into an agreement dated 10.10.2005. The business was transferred to M/s India Yamaha Motor Private Limited by M/s Yamaha Motor India Private Limited and M/s Yamaha Motor India Sales Private Limited Signature Not Verified Signed By:HONEY O.M.P. (COMM) 251/2018 Page 1 of 8 ARORA Signing Date:16.02.2026 16:15:39 and the right to recover the amount due vested with the petitioner. There was a dispute between the parties and arbitration was invoked by the petitioner. The objection raised by the respondents that there was no arbitration clause was rejected by the arbitrator and is not under challenge. 2.1 The petitioner relying upon a computer generated statement of accounts claimed that an amount of Rs.53,64,415/- was due but the respondents filed a counter-claim of Rs.73,50,570/-. The claim of the petitioner was dismissed for failure to prove that