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2019 Supreme(Del) 321

PRATHIBA M.SINGH
INDIA YAMAHA MOTOR PVT LTD – Appellant
Versus
DIVYA ASHISH JAMWAL – Respondent


Advocate Appeared:
For the Petitioner:Mr. Sachin Datta, Senior Advocate with Mr. Rahul Malhotra, Mr. Varun Garg and Mr. Manmeet Singh Nagpal, Advocates.
For the Respondent: Mr. Mohit Yadav, Proxy counsel.

JUDGMENT :

PRATHIBA M. SINGH, J.

1. The present petition under Section 34 of the Arbitration and Conciliation Act, 1996 has been filed by the Petitioners - India Yamaha Motor Pvt. Ltd. and Yamaha India Sales Pvt. Ltd., challenging the award made by the Ld. Sole Arbitrator dated 16th April, 2012.

2. The Petitioners - India Yamaha Motor Pvt. Ltd. and Yamaha India Sales Pvt. Ltd. (collectively referred as ‘Yamaha’) are manufacturers and sellers of two wheelers and other automobiles, including spare parts for the same. Yamaha appointed Divya Ashish Jamwal as its dealer in Jammu region. It is the case of the dealer that he was allotted the dealership initially in the year 1980 and by the time disputes arose he had been a dealer of Yamaha for more than 27 years. The dealer, claims that he had opened the dealership showroom in Gandhi Nagar, Jammu, which was widely publicised and was also converted into a high tech service centre. However, in the year 2006, he was harassed by the General Manager, Sales and Marketing of Yamaha, who started making unfair demands on him and also neglected to supply vehicles to him. Disputes thus arose out of the last dealership agreement, dated 10th October, 200




































































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