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A. S. CHANDURKAR, RAJESH S. PATIL
Indus Power Tech Inc. Through its President – Appellant
Versus
Echjay Industries Pvt. Ltd. – Respondent
JUDGMENT :
(A.S. Chandurkar, J.)
1] Admit. The Commercial Appeal is taken up for final disposal.
2] This appeal filed under Section 37 of the Arbitration & Conciliation Act, 1996 (for short, “the Act of 1996”) raises challenge to the judgment dated 08/08/2023 passed by the learned Single Judge in exercise of jurisdiction under Section 9 of the Act of 1996. By the said judgment, the appellant has been restrained from sourcing forgings/parts or products from an Indian entity, RKFL by granting an injunction in terms of prayer clause (a) of the Interim Application. Being aggrieved by the aforesaid judgment, the respondent in the proceedings under Section 9 has filed this appeal.
3] Facts that are relevant for considering challenge are that on 31/03/2015 a Master Supply Agreement – MSA came to be executed between Indus Powertech Inc, the appellant, hereinafter referred to as “the Company” and Echjay Industries Private Limited, the respondent, hereinafter referred to as “the Supplier”. Under this MSA, the Supplier undertook to supply to the Company various products since the Company was specializing in supplying engineering components to North American manufacturers. Various terms and condit
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The judgment emphasizes the importance of evidence in deciding the enforceability of non-compete clauses and the limited scope of revisional jurisdiction in interfering with concurrent findings of fa....
Arbitration agreement - Order of termination of contract - Jurisdiction of learned Arbitrator having been circumscribed by the order of reference of this Court, no fault can be found with interpretat....
Injunctions cannot be granted to prevent breaches of determinable contracts under the Specific Relief Act, and the trial court must adhere to established principles when considering applications for ....
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