LAWS(DLH)-2023-12-186

INTERNATIONAL BREWERIES PVT. LTD. Vs. MOHAN MEAKIN LTD.

Decided On December 05, 2023
INTERNATIONAL BREWERIES PVT. LTD. Appellant
V/S
Mohan Meakin Ltd. Respondents

JUDGEMENT

(1.) The appellant (hereafter 'IBPL') has filed the present intra-court appeals under Sec. 37(1) (c) of the Arbitration and Conciliation Act, 1996 (hereafter 'the A&C Act'). In FAO(OS)(COMM) 16/2019, IBPL impugns an order dtd. 13/2/2018 (hereafter 'the impugned order no.1') passed by the learned Single Judge of this Court in O.M.P. (COMM) 115 of 2017, whereby the application filed by the respondent (hereafter 'MML') under Sec. 34 of the A&C Act for setting aside the arbitral award dtd. 25/2/2017 (hereafter 'the impugned award') was allowed. In FAO(OS)(COMM) 17/2019, IBPL impugns an order dtd. 13/2/2018 (hereafter 'the impugned order no.2') passed by the learned Single Judge in O.M.P. 21 of 2012, whereby the interim award dtd. 22/12/2011 (hereafter 'the impugned interim award') was set aside.

(2.) IBPL is a subsidiary of India Breweries Inc. Canada, which is engaged in the distribution and production of beer under the name "Australian Lager" and "Australian Max". MML is an Indian Company incorporated under the provisions of the Companies Act, 1956, inter alia, engaged in the business of brewing, bottling and supplying of beer, whisky and other non-alcoholic foods and beverages.

(3.) The disputes between the parties arose in connection with a 'Contract Brewing Agreement' dtd. 14/6/2001 (hereafter 'the Agreement') executed between MML and IBPL. The Agreement was executed pursuant to the Production Agreement dtd. 1/5/1997 entered into between MML and India Breweries Inc. Canada, IBPL's parent holding company.