Appeals under the Arbitration and Conciliation Act, 1996, were dismissed because the appellants failed to comply with a court direction to file an affidavit detailing events subsequent to the impugned arbitral order. The court found the stated affidavit insufficient and incorrectly prepared.
Appeals dismissed. All interim applications closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Arb.Appeal Nos.1 to 7 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.11.2024
CORAM :
THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
Arb. Appeal Nos.1 to 7 of 2024 and C.M.P.Nos.18755, 18976, 18986, 18989, 18997, 19002 and 19006 of 2024
Arb. Appeal No.1 of 2024:
1.FLIPKART
rep.by its CEO, B-Block, Embassy Tech, Village Road, Devarbisnahalli, Bellandur, Bengaluru, Karnataka - 560 103.
2.Flipkart
rep. by its CEO, Vaishnavi Summit, Ground Floor 7th Main, 80 Feet Road,3rd Block, Koramangala Industrial Layout, Bengaluru - 560034.
3.Flipkart
rep. by its CEO 37/2, 6th Main Road, Aecs Layout, A Block, Yellama Layout,
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Arb.Appeal Nos.1 to 7 of 2024
Singasandra, Bengaluru – 560068.
4.The Chief Executive Officer Flipkart rep. by Its CEO Vaishnavi Summit,ground Floor 7th Main, 80 Feet Road,3rd Block, Koramangala Industrial Layout, Bengaluru - 560034.
5.The Finance Department Flipkart Vaishnavi Summit, Ground Floor 7th Main, 80 Feet Road, 3rd Block, Koramangala Industrial Layout, Bengaluru 560034.
... Appellants
Vs.
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Arb.Appeal Nos.1 to 7 of 2024
St. Marks Road, Shanthalanagar, Ashok Nagar, Bengaluru, Karnataka - 560 001.
5.The Director
Dhil Express (India) Private Limited, St. Marks Road, Shanthalanagar, Ashok Nagar, Bengaluru, Karnataka -560 001.
6.The Accounts Department Dhil Express (India) Private Limited, Unit No GF2, No.7, Sophias Choice, St. Marks Road, Shanthalanagar, Ashok Nagar, Bengaluru, Karnataka - 560 001.
7.Dhil Express (India) Private Limited rep. by its Director, No.16, GF, 147, Anjaneya Complex, Hal Old Airport Road, Kodihalli, Bengaluru, Karnataka - 560 008
8.The Director
Dhil Express (India) Private Limited, No.16, GF, 147, Anjaneya Complex, Hal Old Airport Road, Kodihalli, Bengaluru, Karnataka -560 008
9.The Accounts Department Dhil Express (India) Private Limited, No.16, GF, 147, Anjaneya Complex, Hal Old Airport Road, Kodihalli, Bengalur, Karnataka-560 008.
10.Gatti Cargo Packers and Movers rep. by its Founder, Office No.166, Akshayavana, Akshayanagar,
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Arb.Appeal Nos.1 to 7 of 2024
Bengaluru, Karnataka -560 017
Gatti Cargo Packers and Movers, Office No.166, Akshayavana, Akshayanagar, Bengaluru, Karnataka - 560 017
Gatti Cargo Packers and Movers, Gatti Limited, C 101, 247 Park, LBS Marg, Vikroli West, Mumbai, Maharashthra - 400 083
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Arb.Appeal Nos.1 to 7 of 2024
Tower - A, Business Precinct, Prestige Shantiniketan, Whitefield Main Road, Bangalore -560 066
18.Mahindra Logistics Limited rep. by its CEO and Managing Director, No.16, 60, Huskur road, Electronic City Phase - II, Bengaluru, Karnataka - 560 100
19.The CEO and Managing Director, Mahindra Logistics Limited, No.16, 60, Huskur road, Electronic City Phase - II, Bengaluru, Karnataka - 560 100
rep. by its CEO and Managing Director, 10th and 11th floor, Arena Space, Plot no.20, Jogeswari Vikrholi Link Road, Near Majas Depot, Jogeshwari East, Mumbai - 400 060
21.Mahindra Logistics Limited
rep. by its CEO and Managing Director, Brigade Opus, 4th Floor, Kodigehalli, off NH44, Near Hebbal, Bangalore 560 092
22.The Accounts Department, Mahindra Logistics Limited, 10th and 11th floor, Arena Space, Plot no.20, Jogeswari Vikrholi link road, Near Majas Depot, Jogeshwari East, Mumbai 400 060
23.Linfox Logistics India Pvt. Ltd. rep. by its CEO, No.603/604, Building No.2, Wing D, Sahar2, Ashok nagar, Andheri East, Mumbai, Maharashtra 400 059
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Arb.Appeal Nos.1 to 7 of 2024
24.Linfox Logistics India Pvt. Ltd. rep. by its CEO, Devasthanadahosahalli, Karnataka 562 101
25.The Chief Executive Officer, Linfox Logistics India Pvt. Ltd. Devasthanadahosahalli, Karnataka - 562 101
26.The Accounts Department Linfox Logistics India Pvt. Ltd. Devasthanadahosahalli, Karnataka - 562 101
27.Spoton Logistics,
rep. by its CEO and Managing Director, No. 23/24, Infantry Road, Thanavan Shivajinagar, Bengaluru, Karnataka - 560 001
28.Spoton Logistics
rep. by its CEO and Managing Director, Maheshwaramma Temple Road, Maheshwari Nagar, Laxmi Sagar layout, Mahadevapura, Bengaluru, Karnataka - 560 048.
29.The Accounts Department Spoton Logistics, rep. by its CEO and Managing Director, No. 23/24, Infantry Road, Thanavan Shivajinagar, Bengaluru, Karnataka 560 001
30.C and M Farming Ltd.,
Page 6 of 14
Arb.Appeal Nos.1 to 7 of 2024
rep. by its Director,
ND Patel road, Opposite Telephone Exchange, Nashik, Maharashtra 422 001
31.The Director C and M Farming Ltd., rep. by its Director, ND Patel road, Opposite Telephone Exchange, Nashik, Maharashtra 422 001
32.The Finance Department C and M Farming Ltd., ND Patel road, Opposite Telephone Exchange, Nashik, Maharashtra 422 001
33.Capital Shipping Pvt. Ltd.
rep. by its Director, 14th Main Road, Shankar Nagar, Byatarayanapura, Bengaluru, Karnataka 500 092
34.The Director, Capital Shipping Pvt. Ltd. 14th Main Road, Shankar Nagar, Byatarayanapura, Bengaluru, Karnataka 500 092
35.The Finance Department, Capital Shipping Pvt. Ltd. 14th Main Road, Shankar Nagar, Byatarayanapura, Bengaluru, Karnataka 500 092
36.Microsoft Corp. India Pvt. Ltd. rep. by its Director, Prestige Business Park, 33,
Page 7 of 14
Arb.Appeal Nos.1 to 7 of 2024
Marathahalli Sarjapur Outer Ring Road, Bellandur, Amanikere, Karnataka 560 103
37.Microsoft Corp. India Pvt. Ltd. rep. by its Director, Ashraya Layout, Garudacharpalaya, Mahadevapura, Bengaluru, Karnataka 560 048
38.The Director,
Microsoft Corp. India Pvt. Ltd. Prestige Business Park, 33, Marathahalli Sarjapur Outer Ring Road, Bellandur, Amanikere, Karnataka 560 103
39.The Finance Department Microsoft Corp. India Pvt. Ltd. Prestige Business Park, 33, Marathahalli Sarjapur Outer Ring Road, Bellandur, Amanikere, Karnataka 560 103
40.Monsanto Holdings Pvt. Ltd.
rep. by its Chairman and CEO, Manyata Embassy Business Park, 7th floor, B Wing, Silver Oak, E2 Block Nagavara, Outer Ring Road, Bengaluru 560 045
41.The Director Monsanto Holdings Pvt. Ltd Manyata Embassy Business Park, 7th floor, B Wing, Silver Oak, E2 Block Nagavara, Outer Ring Road, Bengaluru 560 045
rep. by its CEO and Managing Director, No. C 151, Industrial Area Phase 1 , Block C,
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Arb.Appeal Nos.1 to 7 of 2024
Naraina Industrial Area Phase 1, Naraina, Delhi 110 028
43.Hitachi Koki India Pvt. Ltd rep. by its CEO and Managing Director, Ground floor, 41, Rafi Ahmed Kidwai road, Block no. 5, Kolkatta, West Bengal 700 016
44.The CEO and Managing Director, Hitachi Koki India Pvt. Ltd. No. C 151, Industrial Area Phase 1 , Block C, Naraina Industrial Area Phase 1, Naraina, Delhi 110 028
45.The Finance Department Hitachi Koki India Pvt. Ltd. No. C 151, Industrial Area Phase 1 , Block C, Naraina Industrial Area Phase 1, Naraina, Delhi 110 028
46.Hikoki Power tools India Pvt.Ltd. rep. by its CEO, Plot No. 9A, Pennya First Stage, Phase 1, Peenya, Bengaluru 560 058
Hikoki Power tools India Pvt.Ltd. Plot No. 9A, Pennya First Stage, Phase 1, Peenya, Bengaluru 560 058
48.The Finance Department, Hikoki Power tools India Pvt.Ltd. Plot No. 9A, Pennya first stage, Phase 1, Peenya, Bengaluru 560 058
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Arb.Appeal Nos.1 to 7 of 2024
49.Bosche Ltd
rep. by its Managing Director, Naganthapura, Electronic City, Bengaluru, Karnataka 560 100
50.Bosche Ltd,
rep. by its Managing Director, No. 358, I, Hosur road, Ayyapa Garden, Adugodi, Bengaluru 560 030
51.Bosche Ltd,
rep. by its Managing Director, No. 601, 602, Post Box, Bosche Global Software Technologies Pvt. Ltd. No. 3000, Hosur Road, Madiwala First Stage, Adugodi, Bengaluru 560 030
52.The Managing Director, Bosche Ltd, No. 601, 602, Post Box, Bosche Global Software Technologies Pvt. Ltd. No. 3000, Hosur Road, Madiwala First Stage, Adugodi, Bengaluru 560 030
53.The Financial Department, Bosche Ltd, No. 601, 602, Post Box, Bosche Global Software Technologies Pvt. Ltd. No. 3000, Hosur Road, Madiwala First Stage, Adugodi, Bengaluru 560 030 ... Respondents
Prayer : Appeals under Section 37 of the Arbitration and Conciliation Act, 1996 against the order dated 13.3.2024 passed by the Arbitrator in Application No.1 of 2024 in Arbitration Case Nos.555, 557, 558, 552, 554,
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Arb.Appeal Nos.1 to 7 of 2024
553 and 556 of 2023.
and batch cases.
For Appellants : Mr.S.Rajesh Kumar for M/s.Nathan and Associates
COMMONN JUDGMENT
(Delivered by the Hon'ble Chief Justice)
By an order dated 19.9.2024, admittedly, the court had directed appellants to file an affidavit enumerating the events after the passing of the order dated 13.3.2024. An affidavit has been filed on 30.9.2024, where paragraph 3 reads as under:
“3. I most respectfully submit that this Hon'ble Court vide order dated 19.09.2024 had directed us to file an affidavit enumerating the events after the passing of the order dated 13.03.2024 in Application No.1 of 2024 in Arbitration Case No.558 of 2023. The delay in filing the same is regretted and is not intentional but due to incidental organizational circumstances.”
reads as under:
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Arb.Appeal Nos.1 to 7 of 2024
“4. I most respectfully submit that we filed a memo for seeking clarification regarding the impugned order being passed ex-parte on 28.06.2024 and had applied for the copy of the Application No.1 of 2024 in Arbitration Case No.558 of 2023, impugned ex-parte order dated 13.03.2024 and Claim statement in Arbitration Case No.558 of 2023. Further, we had received the copy of the Application and Certified copy of the said impugned order on 01.07.2024. And, the proceedings were adjourned for filing counter and reply statement to 08.08.2024 based on the request placed by us. And, an application filed under Section 16 of the Arbitration and Conciliation Act, 1996 was filed challenging the very jurisdiction of the Tribunal. Consequently, the arbitration proceeding was further adjourned for the same to 09.09.2024. And again, the arbitration proceeding was further adjourned for the same to 24.10.2024.”
been given in all the seven appeals.
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Arb.Appeal Nos.1 to 7 of 2024
dated 19.9.2024 has not been complied with.
The appeals are, therefore, dismissed. Consequently, all interim applications are closed.
(K.R.SHRIRAM, C.J.) (SENTHILKUMAR RAMAMOORTHY,J.) 25.11.2024 Index : Yes/No NC : Yes/No sasi
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Arb.Appeal Nos.1 to 7 of 2024
THE HON'BLE CHIEF JUSTICE AND SENTHILKUMAR RAMAMOORTHY,J.
(sasi)
Arb.Appeal Nos.1 to 7 of 2024
25.11.2024
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2 issues framed by the court
Whether appeals filed under Section 37 of the Arbitration and Conciliation Act, 1996 comply with a direction to file an affidavit enumerating post-order events.
Whether the appellants have substantiated the correctness of events occurring after the impugned order as directed by the court.
2 provisions across 1 enactments
FLIPKART
EQUITAS SMALL FINANCE BANK LTD
K.R.SHRIRAM
SENTHILKUMAR RAMAMOORTHY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
