ECHJAY INDUSTRIES PVT LTD Vs. INDUS POWERTECH INC

JUDGEMENT

(1.) The petitioner, is a Company incorporated under the provisions of the Companies Act, and is inter alia, engaged in manufacturing of forgings, machines and assembled components for automotive, non-automotive and general engineering appliances. The respondent, on the other hand is a Company incorporated in United States of America (USA) having its registered offce in Bandford way, Raleigh N.C and it specializes in supplying engineering components to North American manufacturers by sourcing them from the manufacturers in low cost countries.

(2.) The MSA comprise of various terms and conditions, recording the understanding between the parties, and it also consist of clause no.3 in form of 'Non-compete/Non-solicitation' clause, and it is this clause which is sought to be enforced by the petitioner through the petition fled u/s.9 of the Arbitration and Conciliation Act, where an injunction is sought against the respondents, its subsidiaries, affliates, offce bearers, members, agents, or any one acting on its behalf from, in any manner, directly or indirectly, sourcing forgings or placing inquiries, or engaging in discussions with any forging company in India except the petitioner.

(3.) The Master Supply Agreement dtd. 31/3/2015, has described the respondent as the 'Company' and the petitioner is referred to as 'Supplier', which shall include any of those subsidiaries or those affliates of the supplier that supply products to the Company or Company's customers under, or pursuant to the MSA.