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HIGH COURT OF DELHI
HONASA CONSUMER LIMITED – Appellant
Versus
RSM GENERAL TRADING LLC – Respondent
| Table of Content |
|---|
| 1. abuse of the legal process. (Para 1) |
| 2. parties entered into a distributorship agreement (ada). (Para 2 , 3) |
| 3. violation of arbitration agreement by respondent. (Para 4 , 5 , 6) |
| 4. intention to frustrate arbitration supports breach claims. (Para 7) |
| 5. key contractual clauses define parties' rights. (Para 8) |
| 6. details on the dubai suit and allegations. (Para 9 , 10 , 11) |
| 7. petitioner files response in dubai suit. (Para 12) |
| 8. dubai court decrees in favor of respondent. (Para 14) |
| 9. arguments supporting anti-suit injunction. (Para 21) |
| 10. principle of comity in court jurisdiction. (Para 24) |
| 11. scope of section 9 for interim relief. (Para 28 , 29) |
| 12. court grants injunction to protect arbitration rights. (Para 35 , 37) |
JUDGMENT :
C. Hari Shankar, J.
A Prefatory Note
1. This is one of the worst instances of abuse of the legal process, in commercial litigation, that this Court has had the misfortune of encountering.
2. The petitioner and respondent entered into an Authorized Distributorship Agreement [“ADA” hereinafter], whereunder the respondent was to distribute the petitioner’s products in the Middle East and Africa. The contract specifically envisaged resolution of disputes
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