VIBHOR JAIN Vs. EKIBOM TECHNOLOGY INDIA PVT LTD

JUDGEMENT

(1.) This hearing has been done through hybrid mode.

(2.) The present revision petitions arise out of the impugned order dtd. 25/11/2019 passed by the Ld. ADJ, South West District, Dwarka Courts, Delhi (hereinafter "Trial Court"?) in Civil Suit No. CS (Comm) 22/2019 titled Vibhor Jain v. Beijing Mobike Technology Co. Ltd. & Ors. By the impugned order, the application filed by the Respondent No.1/Defendant No.3 under Sec. 45 of the Arbitration and Conciliation Act, 1996 (hereinafter "Act"?) has been allowed by the Trial Court, and accordingly, the commercial suit for declaration and damages as consequential relief has been disposed of.

(3.) The dispute in the present case arose out of a suit instituted by the Petitioners against three companies, namely Beijing Mobike Technology Co. Ltd., Ekibom Technology India Pvt. Ltd. and Mobike B.V., Netherlands. The Indian entity, Respondent No.1, is a company incorporated under the Companies Act, 2013. Respondent No.2 is a company incorporated under the laws of China. Respondent No.3 is a company incorporated under the laws of Netherlands and is a subsidiary of Respondent No.2. The Respondent No.2 & 3 along with its various group entities, including Respondent No.1, are engaged in the business of rendering bike-sharing services worldwide. Respondent No.1 was incorporated for the purposes of setting up and running the business of the Respondents in India. It was for this purpose that the services of the Petitioners were engaged.