Mahindra And Mahindra Ltd v. Jaydeep Automotive Private Limited

22.CARAP.268.2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL ARBITRATION APPLICATION NO.268 OF 2024 Mahindra & Mahindra Limited ...Applicant

Versus

Jaydeep Automotive Private Limited & Ors.

...Respondents

Ms Anushka Shetty a/w. Mr. Aniket Anilkumar i/b. MLS Vani & Associates, Advocates for Applicant.

Mr. Vatsal Shah i/b. SKC Legal, Advocate for Respondents. CORAM: SOMASEKHAR SUNDARESAN, J.

DATE : MARCH 24, 2025 PC :

1.

This is an Application under Section 11 of the Arbitration and Conciliation Act, 1996 ("the Act") seeking to refer disputes and differences under two agreements to arbitration. The first agreement is a Dealership Agreement dated July 5, 2018, which is evidently between Mahindra & Mahindra Limited and Jaydeep Automotive Private Limited. The second agreement is the Spare Parts Supply Agreement, also with Jaydeep Automotive Private Limited, but the counterparty to that agreement is purported to have been "Mahindra Trucks & Buses Limited".

Digitally signed by AARTI GAJANAN PALKAR Date:

2025.03.29 11:19:38 +0530 AARTI GAJANAN PALKAR MARCH 24, 2025 Aarti Palkar

22.CARAP.268.2024.doc 2.

The reference to this specific name is found not only in the cover page and the title clause, but also in the signature page and in the notices clause. That apart, in a clause governing Intellectual Property Rights, there is a specific reference to Mahindra & Mahindra Limited and not to an entity by the name Mahindra Trucks & Buses Limited. 3.

Consequently, Learned Counsel for the Applicant submits that she will take instructions and confirm as to whether such an entity was at all in existence or it was an administrative mistake in naming Mahindra Trucks & Buses Limited in the agreement, probably in allusion to the Truck & Buses Division of Mahindra & Mahindra Limited.

4.

Since this may cut to the root of the matter, let instructions be taken to apprise the Court as to the precise privity of contract with regard to the Spare Parts Supply Agreement dated December 24, 2018. Consequently, stand over to April 7, 2025 under the caption "PartHeard". 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.] MARCH 24, 2025 Aarti Palkar