Delhi High Court - Orders
Anshul Jain vs Reckitt Benckiser (India) Pvt Ltd on 6 July, 2022
$~10
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ ARB.P. 753/2022
ANSHUL JAIN ..... Petitioner
Through: Ms. Suneha Jain, Advocate.
versus
RECKITT BENCKISER (INDIA) PVT LTD ..... Respondent
Through: None.
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
ORDER
% 06.07.2022 I.A. No. 10152/2022 (Application under Section 151 of CPC for exemption from filing the originals/certified copies of the annexures/documents)
1. Allowed, subject to just exceptions.
2. The application is disposed of.
ARB.P. 753/20223. This is a petition under Section 11 of the Arbitration and Conciliation Act, 1996 for appointment of an Arbitrator.
4. It is the case of the petitioner that petitioner became distributor of the respondent in February, 2020. Pursuant to the same certain documents were signed. Thereafter in March 2020 due to covid-19, lockdown was imposed. The petitioner was promised various benefits under the distributorship of the respondent, which according to the petitioner turned out to be false. Though Signature Not Verified Digitally Signed By:PREETI Signing Date:09.07.2022 12:07:15 the petitioner invested huge money and time in distributorship of the respondent's product, however, lawful dues of the petitioner were not paid and upon protest by the petitioner, the respondent terminated the distributorship of the petitioner in November, 2021.
5. The petitioner sent a legal notice dated 16.11.2021 to the respondent, however, no response has been received as yet.
6. The petitioner had also filed an application for pre-litigation mediation under Commercial Courts Act and notice was issued to the respondent in this aspect. The respondent thereafter sent a reply dated 21.12.2021, whereby it was disclosed that a Distributor Agreement was signed between the parties in February 2020, which contained an arbitration clause. Attention of this Court was brought to Para 10 of the reply dated 21.12.2021 issued by the Respondent, which is reproduced as follows:
"10. 1t also pertinent to mention that the Distributor Agreement duly executed between Reckitt and Your Client clearly stipulates that any dispute arising out of the engagement shall be referred to an Arbitrator appointed by both the parties and shall be governed as per the Arbitration & Conciliation Act 1996."
7. Upon receipt of the aforesaid reply dated 21.12.2021 received from the respondent, the petitioner sent a notice dated 17.01.2022 requesting the respondent to share copy of the said Distributor Agreement between the parties, however no response has been received.
8. The petitioner sent a notice dated 10.03.2022 invoking arbitration under the Distributor Agreement of February, 2020. However, despite service of arbitration notice, the respondent did not send any reply.
9. Issue notice to the respondent.
Signature Not Verified Digitally Signed By:PREETI Signing Date:09.07.2022 12:07:1510. Let reply be filed within four weeks. Rejoinder thereto, if any, be filed within two weeks thereafter.
11. The petitioner has submitted that it does not have a copy of the Distributor Agreement between the parties containing the arbitration clause, as the same was executed in February, 2020 just before the covid-19 lockdown. The present petition has been filed by the petitioner on the basis of the letter received from the respondent on 21.12.2021, wherein they had disclosed about the Distributor Agreement containing the arbitration clause.
12. In view thereof, the respondent is directed to file a copy of the Distributor Agreement between the parties containing the arbitration clause.
13. List the matter on 23.09.2022.
MINI PUSHKARNA, J JULY 6, 2022 c Signature Not Verified Digitally Signed By:PREETI Signing Date:09.07.2022 12:07:15