2025:BHC-OS:21875 Salgaonkar M SA A L N G D A I O R N A K M A I R LIND DMD i aIg tLi e tI:Na 2 lD0 y 2Ss 5 iAg .L1 n 1Ge . dA2 O1 b Ny 1 8KM :A1 AR8 N :2 D 7 I R + A 0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL ARBITRATION PETITION (L) NO.33451 OF 2025 Eminent Motocorp Pvt. Ltd. .. Petitioner Versus Skoda Auto Volkswagen India Pvt. .. Respondent Ltd.

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Mr.Sheelang Shah with Jalaj Prakash and Nirmal Chopda i/b Vraj Legal for the Petitioner.

Mr.Nikhil Sakhardande with Mr.Akash Rebello, Ms.Shubra Swamy, Mr.Pratik Pawar and Ms.Shanaya Cyrus Irani i/b J.

Sagar Associates for the Respondent.

CORAM: BHARATI DANGRE, J. DATE : 21st NOVEMBER, 2025 ...

P.C:-

1. A Dealership Agreement dated 23/09/2024 established relationship between the parties, the Petitioner, being appointed as a ‘dealer’ initially for a period of three years, but it is contended that on 10/12/2024, the Agreement came to be amended extending the term from three years to a fixed term of five years w.e.f. 10/12/2024.

2. It is the claim of the Petitioner that pursuant to this impression being given that there is a fixed term of five years, the Petitioner opened a new facility in Himmant Nagar, Gujarat, upon the Respondent issuing a letter of extension and he took necessary steps, as he executed Rent Agreement giving effect to the said understanding. However, all of a sudden, a notice of termination was served upon the Petitioner, invoking Article 23(1) of the Dealership Agreement, thereby giving a notice of three months and intimating that the Agreement shall stand terminated w.e.f. 30/11/2025 and also informing about the closure of Gandhinagar facility, as mutually agreed.

The termination order also stipulated that upon the effective date of termination, the dealer shall be bound by all procedures upon termination, including but not limited to the obligations to be discharged, including the restraint orders to be imposed in the said Agreement.

3. It is this termination, which is the cause for the Petitioner to approach this Court, by filing the Petition on

14/10/2025.

4. The learned counsel for the Petitioner states that in the wake of the mechanism prescribed in the Agreement for resolution of disputes, he is desirous of approaching the Arbitrator and in fact, has invoked arbitration last night and, therefore, he sincerely pray that till the time, he approaches the Arbitrator and files appropriate application, the termination order be stayed or atleast status-quo can be directed to be maintained.

5. Learned senior counsel Mr.Sakhardande alongwith Mr.Rebello appearing for the Respondent, however, strongly opposed the request of granting stay to the termination order, by specifically contending that notice of termination was issued as early as in August, 2025 and it will come into effect from 30/11/2025 and the Petitioner has enough time to invoke arbitration and seek recourse to the remedies available. However, not having done so, he cannot seek stay as termination is strictly in terms of clause 23 of the Agreement. However, it is fairly stated that if this Court appoints an Arbitrator and make a dispute over to him, the relief which is prayed in the Petition, can be taken up before the learned Arbitrator.

In the wake of the aforesaid consensus having been arrived between the respective counsel as regards the dispute being referred to Arbitrator, I deem it appropriate to pass the following order.

: ORDER :

A] Justice K.R.Shriram, Retired Chief Justice of Rajasthan High Court is hereby appointed as the Sole Arbitrator to adjudicate upon the disputes and difference between the parties arising out of and in connection with the Agreement referred to above. The contact details of the arbitrator are as under :-

Address :- 1515, 15^th Floor, Maker Chambers, V. Nariman Point, Mumbai 400 021, India.

Contact No. :- 022-31765038 Email ID : krshriramcj@gmail.com B] A copy of this Order will be communicated to the Learned So