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2021 Supreme(Del) 2240

SANJEEV NARULA
Hero Motocorp Limited – Appellant
Versus
R K Mahajan Enterprises – Respondent


Advocates appeared:
Vijay Nair, Advocate, Rahul Malhotra, Advocate, Varun Garg, Advocate, Amiteshwar Singh, Advocate, Sidharth Tewari, Advocate, Nikhil Goel, Advocate, Aniruddha Deshmukh, Advocate

JUDGMENT

Sanjeev Narula, J. - The present petitions under consideration, one filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 [hereinafter referred to as the Act ] and the other filed under Section 9 of the Arbitration and Conciliation Act, 1996, pertain to an Authorised Dealer Agreement dated 20 th February, 2018, executed between the parties, containing an arbitration clause.

2. The facts giving rise to the disputes between the parties are summarised as follows:

    i. The Petitioner - Hero Motocorp Limited, is a company incorporated under the Companies Act, 1956, and is involved in the business of manufacturing of two-wheeler automobiles [hereinafter referred to as 'HML' ]. Respondent No. 1, R.K. Mahajan Enterprises, is a partnership firm [hereinafter referred to as 'RKME' ], of which Mr. Ravi Karan Mahajan Respondent No. 2 in Arb. P. 468/2020 and Respondent No. 3 in OMP(I)(Comm) 313/2020. and Ms. Chand Rani Respondent No. 3 in Arb. P. 468/2020 and Respondent No. 2 in OMP(I)(Comm) 313/2020. are partners. For the sake of completeness of facts, it is noted that there is a sister concern of RKME, titled M/S. RKM Global, of which Mr. Ravi Karan Mahajan is the sole p

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