Miles Education Private Limited v. R. B. Chemicals
508 & 509-CARBPL-5549-2025+.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL ARBITRATION PETITION (L) NO. 5549 OF 2025 Miles Education Pvt. Ltd.
...Petitioner
Versus
R.B. Chemicals
...Respondent
COMMERCIAL ARBITRATION PETITION (L) NO. 7219 OF 2025 Miles Education Pvt. Ltd.
...Petitioner
Versus
Dinesh Kumar Sanghai
...Respondent
Mr. Karl Tamboly, a/w Warisha Parkar, Pranav Saini, i/b Warisha Parkar i/b Luthra & Luthra Law Offices India, for the Petitioner.
CORAM
: SOMASEKHAR SUNDARESAN, J.
DATE : MARCH 11, 2025 PC :
1.
These are Petitions filed under Section 9 of the Arbitration and Conciliation Act, 1996 seeking urgent interlocutory reliefs in view of the correspondence from the Respondent asserting right to terminate a Leave and License Agreement dated December 17, 2021 ("Agreement"). 2.
A plain reading of the Agreement would show that Clause 4 deals with a lock in obligation whereby termination is prohibited during Digitally signed by ASHWINI JANARDAN VALLAKATI Date:
2025.03.19 17:42:05 +0530 ASHWINI JANARDAN VALLAKATI March 11, 2025 Ashwini Vallakati
508 & 509-CARBPL-5549-2025+.doc the lock in period. Clause 19 of the Agreement deals with a termination right which permits termination upon occurrence of a default and that too with a cure period being permitted for remedying the default. Against this backdrop, a letter received on November 4, 2024 and another letter dated November 14, 2024, indicate that the Respondent's reading of Clause 4 (which is an obligation) is, prima facie, misplaced (because he reads the obligation as a right). It is also prima facie noteworthy the field is actually occupied by a specific clause in the Agreement, being Clause 19.
3.
In these circumstances, as an ad-interim measure the Respondent is prohibited from terminating the Agreement until the next date. Let a reply be filed no later than March 25, 2025. Rejoinder, if any, be filed no later than April 1, 2025. list under the caption "PostNotice Matters" on April 2, 2025. 4.
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 11, 2025 Ashwini Vallakati