Delhi High Court - Orders
Pothens Vehicles Service Pvt Limited vs Honda Cars India Limited & Anr on 7 April, 2021
Author: C.Hari Shankar
Bench: C.Hari Shankar
$~33(Original Side)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P.(I) (COMM.) 117/2021, I.A. 4893/2021 & I.A.
4894/2021
POTHENS VEHICLES SERVICE PVT LIMITED
..... Petitioner
Through: Dr. Amit George, Dr. Jose P
Verghese, Mr. Dhruv Jose, Mr.
Amol Acharya, Mr. Piyo
Harold Jaimon & Mr.
Rayadurgam Bharat, Advs.
versus
HONDA CARS INDIA LIMITED & ANR. ..... Respondents
Through:
CORAM:
HON'BLE MR. JUSTICE C.HARI SHANKAR
ORDER
% 07.04.2021 I.A. 4894/2021 (under Section 151 of CPC, 1908 - for exemption)
1. Exemptions allowed, subject to all just exceptions.
2. The application stands disposed of.
I.A. 4893/2021(under Section 151 of CPC, 1908 - for seeking urgent ad interim relief)
1. Dr. Amit George, learned counsel for the applicant, in this application, explains, as the justification for moving this application, the fact that, prior to expiry of the dealership with the respondent on 31st March, 2021 (which itself is an issue which he would seek to agitate in arbitral proceedings), he had received certain vehicles of the respondent for servicing, and had agreed to service the said Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI O.M.P.(I) (COMM.) 117/2021 Page 1 of 3 Signing Date:08.04.2021 13:38:14 vehicles, for which purpose the respondent had also supplied spare parts to the petitioner before 31st March, 2021.
2. Dr. George, submits that, having done so, the respondent has discontinued availability, to the petitioner, of the Dealership Integration Tool "D-Lite", which is necessary to install the said spare parts on the vehicles. As a result, Dr. George submits that his client is not in a position to utilise the spare parts supplied by the respondent and service the pending vehicles, despite the commitment to service the vehicles having been undertaken even before the expiry of the agreement on 31st March, 2021.
3. Various issues arise in this application including, inter alia, whether this prayer can be sought as an interlocutory prayer in OMP (I) (COMM.) 117/2021, which is essentially for extending the agreement with the respondent and providing vehicles even beyond 31st March, 2021, and, secondly, whether, even if the obligation to service the vehicles had been undertaken prior to 31st March, 2021, and spare parts have been provided by the respondent, there exists any enforceable right in the petitioner, to continue having access to the D-Lite software even after 31st March, 2021.
4. Nevertheless, without expressing any final opinion on these aspects today, issue notice, without process fee, on this application, returnable on 16th April, 2021. Notice may be served through learned counsel who appeared on behalf of the respondent on the last date of hearing.
Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI O.M.P.(I) (COMM.) 117/2021 Page 2 of 3 Signing Date:08.04.2021 13:38:145. The respondent is at liberty to file a response to this application, on or before 14th April, 2021, to which the petitioner may re-join, if it so chooses, by way of e-mail to the Court Master, before the next date of hearing.
6. Re-notify on 16th April, 2021.
7. Issue dasti under signature of the Court Master.
C.HARI SHANKAR, J APRIL 7, 2021 ss Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI O.M.P.(I) (COMM.) 117/2021 Page 3 of 3 Signing Date:08.04.2021 13:38:14