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DELHI HIGH COURT
VIBHU BAKHRU
Benara Bearings & Pistons Ltd. – Appellant
Versus
Mahle Engine Components India Pvt. Ltd. – Respondent


JUDGMENT

Vibhu Bakhru, J.

Introduction

1. The Petitioner, Benara Bearings & Pistons Ltd. (hereafter `Benara'), is an Indian Company and is engaged in the manufacture and sale of automotive parts including Pistons, Piston Pins, Piston Rings, Engine Bearings and Bushes, Cylinder Liners and Sleeves, Air Cooled Blocks. The Respondent, Mahle Engine Components India Pvt. Ltd. (hereafter `Mahle') is an Indian Company and is, inter alia, engaged in the manufacturing of engine components for automotive and off-road vehicles. Benara claims that it has entered into a Distribution Agreement dated 17.03.2016 (hereafter `Distribution Agreement.) with Mahle for exclusively distributing Mahle's specified products in India; Mahle disputes this and contends that although discussions and negotiations were held with Benara, they could not arrive at a consensus and Mahle withdrew from the `exercise' on 21.04.2016 and communicated the same to Benara.

2. Mahle has also imported a container of automotive parts (Container No. TEMU 682858-2 (hereafter `the Container')) which it intends to sell in India.

3. In the aforesaid context, Benara has filed the present petition under Section 9 of the Arbitrati

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