Authority: High Court of Judicature at Bombay, Commercial Division
Order Date: 24 September 2026
Case Overview
- Application No. 326 of 2025 filed by Tata Consumer Products Ltd (Applicant) against Chopra Brothers (Respondents) under Section 11 of the Arbitration and Conciliation Act, 1996.
- Opponent raised objection that arbitration proceedings were already pending before the Calcutta High Court/Arbitral Tribunal, claiming no separate reference was warranted.
- Applicant’s rejoinder categorically stated that the pending proceedings relate to wholly independent agreements, distinct from the agreement invoking arbitration in the present application.
- Opponent’s counsel could not categorically deny the assertion due to lack of the Business Transfer Agreement and related documents; consequently, the Court accepted the Applicant’s statement.
- The Court found a valid arbitration agreement in Clause 15.2 of the Super Stockist Agreement dated 1 April 2019 (recorded at pages 63‑64 of the application).
- Applicant invoked the arbitration clause by issuing a notice on 14 October 2023; Respondent acknowledged the arbitration agreement on 3 November 2023.
- The Court affirmed jurisdiction under Section 11 and determined that the disputes arising from the Agreement dated 26 June 2007 (likely a typographical reference to the 2019 agreement) must be referred to arbitration.
Final Outcome
- Mr. Harsh Moorjani, advocate of this Court, is appointed as the Sole Arbitrator to adjudicate disputes arising out of the Super Stockist Agreement dated 1 April 2019.
- Office address: C/o Sr. Ashish Kamat, 501, 5th Floor, Oval House, Old British Lane, Kala Ghoda, Fort, Mumbai – 400001. Email: harshmoorjani.legal@gmail.com.
- A copy of this Order to be communicated to the Sole Arbitrator within one week; Applicant to provide contact particulars of parties.
- The Sole Arbitrator must forward the statutory Statement of Disclosure under Section 11(8) read with Section 12(1) to both parties within two weeks of receiving the Order.
- Parties to appear before the Sole Arbitrator for directions on pleadings, witness examination, hearing schedule, and to furnish valid email, mobile, and landline numbers of their advocates; such communications shall constitute valid service.
- All arbitral costs and fees shall be borne equally by the parties initially, subject to adjustment by the final award.
- All issues on merits, including limitation, are expressly kept open for determination by the appointed arbitrator.
- Actions required under this Order shall be taken upon receipt of a downloaded copy from the Court’s website.
Topics: Arbitration, Court Order