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2022 Supreme(Del) 431

SANJEEV SACHDEVA
Sikka Motors Pvt. Ltd. – Appellant
Versus
Hyundai Motor India Ltd. Hmil – Respondent


Advocate Appeared:
For the Petitioner:Mr. M.A. Niyazi, Ms. Anamika Ghai Niyazi, Ms. Kirti Jaswal & Ms. Nehmat Setthi, Advocates.
For the Respondent:Mr. Sandeep Sethi, Senior Advocate with Mr. Piyush Sharma & Ms. Adity Prasad, Advocates.

JUDGMENT :

Sanjeev Sachdeva, J.

1. By this petition, under section 9 of the Arbitration and Conciliation Act 1996 (hereby referred to as the ‘Arbitration Act’), petitioner inter alia seeks a restraint on the respondent from taking any illegal or coercive actions against the petitioner in terms of termination notice dated 25.11.2021 and further seeks a restraint on the respondent from initiating any process of termination till the Arbitrator decides the disputes arisen between the parties.

2. Subject petition was filed contending that parties had entered into a Non-exclusive dealership agreement dated 24.10.2016.

3. It is contended by the petitioner that the dealership agreement though initially for a period of three years, has been renewed on the same terms and conditions from time to time and has been last renewed on 05.08.2020. It is contended by learned counsel for the petitioner that petitioner is a dealer of the respondent since 2004.

4. Order dated 03.12.2021 in these proceedings records that after some arguments, statement of counsel for the petitioner was recorded that the matter was likely to be settled between the parties if the disputes were referred to mediation. Counsel app

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