M/S.Tractors And Farm Equipment Limited v. M/S.Vidarbha Tractors And 5 Others

SENTHILKUMAR RAMAMOORTHY, J.

By order dated 20.10.2022, the respondents were restrained from disclosing data in breach of the confidentiality clause in the dealer agreement and from publishing, posting, communicating or disseminating any false or defamatory statements on any forum or media. The order, however, made it clear that the respondents would not be precluded from taking recourse to legal proceedings, whether by way of arbitration or otherwise.

2. Upon service of notice, Mr.Ajay Khemka, the third respondent is before the Court in person. He states that Vidarbha Tractors is a partnership firm and that the other respondents are members of his family. He also submits that he is appearing on behalf of all the respondents.

3. This application is presented prior to issuance of a notice under Section 21 of the Arbitration and Conciliation Act, 1996. Learned counsel 1/3

SENTHILKUMAR RAMAMOORTHY, J.

rna for the applicant states that steps will be taken soon to form an arbitral tribunal. The third respondent / party-in-person also states that he proposes to make claims before the arbitral tribunal.

4. Since both parties propose to make claims and counter claims before the arbitral tribunal, this application may be disposed of by extending the operation of the ad interim order dated 20.10.2022 until two weeks after the arbitral tribunal enters upon reference. Thereafter, it shall be open to the applicant and the respondents to seek relief, including interim relief, before the arbitral tribunal. With the above observations, O.A.No.667 of 2022 is disposed of. The applicant is directed to take all necessary steps to constitute the arbitral tribunal within a period of 90 days from 20.10.2022. 22.11.2022 rna 2/3

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