Delhi High Court - Orders
Pothens Vehicles Service Pvt Limited vs Honda Cars India Limited & Anr on 26 March, 2021
Author: C. Hari Shankar
Bench: C. Hari Shankar
$~32
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P.(I) (COMM.) 117/2021 & I.A. 4724/2021
POTHENS VEHICLES SERVICE PVT LIMITED ... Petitioner
Through Mr. A.S. Chandhiok, Sr.
Advocate with briefing counsel (attendance
not given)
versus
HONDA CARS INDIA LIMITED & ANR. ..... Respondents
Through Mr. Jagdev Singh and Mr.
Sachin Saini, Advs.
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
ORDER
% 26.03.2021 O.M.P.(I) (COMM.) 117/2021 & I.A. 4724/2021
1. Mr. Chandhiok, learned Senior Counsel for the petitioner, presses for ad interim relief qua prayer (b) in this petition.
2. For the said purposes, Mr. Chandhiok relies on the emails dated 9th March, 2021, from the respondents to the petitioner, at 4:41 pm and 6:01 pm, which read thus:
"AGM SALES PERFECT HONDA <[email protected]> FW: Important : HCIL Dealer Agreement for FY 2021-22 [Please Ignore Previous Mail] 1 message Jobin Mathew <[email protected]> Tue, Mar 9, 2021 at 6:01 PM Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI O.M.P.(I) (COMM.) 117/2021 Page 1 of 6 Signing Date:09.04.2021 13:04:47 To: agm indel <[email protected]>, gmsales15 <[email protected]>,Karun Ignatius <[email protected]>, Praveen G <[email protected]>,"retailfinance@perfecthon da.in" <[email protected]>, rsmsouth <[email protected]>, rsmcentral <[email protected]>, salesheadcochin <salesheadcochin@perfecthonda. in>, salesmgrekm <[email protected]>, salesmgrmvp <[email protected]>, salesmgrtsr <[email protected]>, smcochin <[email protected]>, Unni Krishnan [email protected] Dear Sans, FYI & NA Regards, Jobin Subject: FW: Important: HCIL Dealer Agreement for FY 2021-22 [Please Ignore Previous Mail] Dear Dealer Owner San, This mail is with reference to the Dealer Agreement for the year 2021-22.
You are requested to note that, we have printed Amendment of Dealer Agreement for FY 2021-22 (4 page document) and have couriered it to your communication address.
On receipt of amendment of dealer agreement, you are requested to please do the needful as advised below-
1) All Pages [1 to 4] to have Company stamp & Signature of Dealer Principal.Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI O.M.P.(I) (COMM.) 117/2021 Page 2 of 6 Signing Date:09.04.2021 13:04:47
2) Courier [signed and stamp] Amendment of Dealer agreement set to below mentioned address latest by 20 March'21.
Shantanu Shekhar Dept. Head - DD & Cl (Marketing) Honda Cars India Ltd.
Plot A-1, Sector 40/41, Surajpur Kasna Road, Greater Noida - 201306 Contact - 9560290026 Further your attention is required towards below mentioned points à
1) Please prefer recognized courier service (Blue Dart, DTDC, DHL, etc.).
2) Please share POD/Consignment number with us via return mail.
In case of any further query you are requested to contact undersigned or respective Zonal DD in charge as below-
North Zone- Hansraj San (+918580754182) East Zone- Ashutosh San (+919899228109) West Zone- Ritesh San (+918800603125) South Zone- Dhrubo San (+919873150305) Hope you will find same in order.
From: Shantanu Shekhar Sent: Tuesday, March 9, 2021 4:41 PM To:
Cc:
Subject: Important: HCIL Dealer Agreement for FY 2021-22 Dear Dealer Owner San, This mail is with reference to the Dealer Agreement for the year 2021-22.Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI O.M.P.(I) (COMM.) 117/2021 Page 3 of 6 Signing Date:09.04.2021 13:04:47
You are requested to note that, we have printed Amendment of Dealer Agreement for FY 2021-22 (4 page document) and have couriered it to your communication address.
On receipt of amendment of dealer agreement, you are requested to please do the needful as advised below-
1) Pages 1,2 & 4 to have Signature & stamp of Dealer Principal
2) Page No. 3 (where witness detail is also required), will have only signature of dealer principal (No Stamp) along with signatures of witnesses as mentioned.
3) Courier [signed and stamp] Amendment of Dealer agreement set to below mentioned address latest by 20 March' 21.
Shantanu Shekhar Dept. Head - DO & Cl (Marketing) Honda Cars India ltd.
Plot A-1, Sector 40/41, Surajpur Kasna Road, Greater Noida - 201306 Contact- 9560290026 Further your attention is required towards below mentioned points a
1) Please prefer recognized courier service (Blue Dart, DTDC, DHL, etc.).
2) Please share POD/Consignment number with us via return mail.
In case of any further query you are requested to contact undersigned or respective Zonal DD in charge as below-
North Zone- Hansraj San (+918580754182) East Zone- Ashutosh San (+919899228109) West Zone- Ritesh San (+918800603125) South Zone- Dhrubo San (+919873150305) Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI O.M.P.(I) (COMM.) 117/2021 Page 4 of 6 Signing Date:09.04.2021 13:04:47 Hope you will find same in order.
Regards Shantanu Shekhar HOD- DD, CI & DBM 9560290026"
3. Mr. Chandhiok submits that in view of these emails, the respondent may be directed to continue supplying vehicles to the petitioner even if against cash, after 31st March, 2021.
4. Prima facie, it is not possible for such directions to be issued under Section 9 of the Arbitration and Conciliation Act, 1996 ("the 1996 Act"). That apart, Mr. Jagdev Singh, learned counsel for the respondents, submits that the emails on which Mr. Chandhiok places reliance, read any which way, do not amount to an extension of the contract with the petitioner beyond 31st March, 2021, when it is coming to an end.
5. Merely on the basis of the aforesaid emails, I am not convinced that any ad interim order can be granted as sought by Mr. Chandhiok.
6. In view thereof, issue notice to the respondents, returnable on 26th April, 2021.
7. Mr. Jagdev Singh, learned counsel accepts notice on behalf of the respondents. Let a response to this petition be filed by the respondents positively within a period of two weeks from today with advance copy to learned counsel for petitioner, who may file rejoinder Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI O.M.P.(I) (COMM.) 117/2021 Page 5 of 6 Signing Date:09.04.2021 13:04:47 thereto, if any, before the next date of hearing.
C. HARI SHANKAR, J.
MARCH 26, 2021 r.bararia Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI O.M.P.(I) (COMM.) 117/2021 Page 6 of 6 Signing Date:09.04.2021 13:04:47