Dsm Infocom Private Limited v. Hitachi System India Private Limited

904.ARBAP.148.2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO.148 OF 2024 DSM Infocom Private Limited ...Applicant

Versus

Hitachi System India Private Limited

...Respondent

Mr. Ativ Patel i/b M/s AVP Partners, Advocate for Respondent. CORAM: SOMASEKHAR SUNDARESAN, J.

DATE : APRIL 24, 2025 PC :

1.

Learned Counsel for the Respondent has entered appearance, accepts notice and seeks a short period of time to file a reply since he questions the very existence of the arbitration agreement. According to him, the arbitration agreement relied upon by the Applicant is contained in an offer letter, which had a limited validity period of 45 days and that would never be regarded as an arbitration agreement at all.

2.

He would also submit that it is the Applicant's case that a draft agreement forwarded by the Respondent pursuant to the aforesaid offer letter made by the Applicant, remained unexecuted. Such unexecuted draft is also a part of the record and indicates that the seat of arbitration would be in Delhi.

by AARTI GAJANAN PALKAR Date:

2025.04.25 16:37:45 +0530 AARTI GAJANAN PALKAR APRIL 24, 2025 Aarti Palkar

904.ARBAP.148.2024.doc 3.

Be that as it may, since the limited scope of judicial review in this jurisdiction is the existence of an arbitration agreement, the Respondent is permitted to file a short reply restricting the scope of the reply to the existence of an arbitration agreement. Let such reply be filed no later than April 30, 2025.

4.

List on May 5, 2025 on the Supplementary Board 5.

All actions required to be taken pursuant to this order, shall be taken upon receipt of a downloaded copy as available on this Court's website.

[ SOMASEKHAR SUNDARESAN, J.] APRIL 24, 2025 Aarti Palkar