Thursday, April 23, 2026
Latest:
2025ArbitrationHigh CourtLatestLegalOctober 2025

Bombay HC on Jumpin Dispute : Arbitral Award must be Reasoned, Not Generous

legaldeli

There was Agreement dated 11.12.2004 between the petitioner and the respondent for three years to undertake contract manufacturing and packaging of beverages marketed under the brand name “Jumpin”

The respondent had pioneered the PET hot-filling technology.

By the Arbitral Award dated 4.4.2014, it was held that there was no extension of contract beyond December, 2007 and no case for compensation or damages was made out. 

However, in the teeth of such clear and strong firm finding, the Arbitral Tribunal took sudden turn in the concluding portion of the Award and held that the absence of replies to certain emails of Kanti has kept it in the hope of renewal for which Kanti needs to be compensated by a sum of Rs.75 lakhs for the inconvenience caused.

HELD that this component of the Award is entirely unacceptable and shocks the conscience of the Court.  It is like that the Rs.75 lakhs are awarded as consolation prize or an ex gratia payment.

Judgment dated 8.10.2025 (uploaded 27.10.2025)  of the High Court of Bombay in Arbitration Petition No.11608 of 2014 (OS) of Hersheys India Pvt Ltd   vs.  Kanti Beverages Pvt Ltd

You May Also Like

Consumer Protection Act – Flat Agreement – Interpretation of terms and conditions – Claim of hume buyers for refund of amount on termination of agreement – NCDRC however directed to give possession

legaldeli

HDFC Bank – Amalgamation – Transfer of commercial suit to DRT

legaldeli

Trademark Infringement – Court where goods are sold on web portal has territorial jurisdiction

legaldeli

Leave a Reply

Your email address will not be published. Required fields are marked *

I HAVE READ THE DISCLAIMER AND AGREE TO IT.

User Acknowledgement

By proceeding further and clicking on the "AGREE" button herein below, I acknowledge that I of my own accord wish to know more about LegalDeli for my own information and use. I further acknowledge that there has been no solicitation, invitation or inducement of any sort whatsoever from LegalDeli or any of its members to create an Attorney-Client relationship through this knowledge site. I further acknowledge having read and understood the Disclaimer below.

Disclaimer
About: This knowledge-site (www.LegalDeli.in) is owned and operated by LegalDeli (“NDA”), and is a resource for your informational and educational purposes only.

No Warranty: NDA does not warrant that any content or information contained on this knowledge-site is accurate, correct, complete or up-to-date, and hereby disclaims any and all liability to any person for any actual or threatened loss or damage caused by errors or omissions, whether such errors or omissions result from negligence, accident or otherwise. NDA assumes no liability for the interpretation and/or use of the content and/or information contained on this knowledge-site, nor does it offer any warranty of any kind, either expressed or implied in relation to such content or information.

Third-Party Links: NDA does not intend that links / URLs contained on this knowledge-site re-directing users to third party websites be considered as referrals to, endorsements of, or affiliations with any such third party website operators. NDA is not responsible for, and makes no representations or warranties, express or implied, about the content or information contained on such third party websites to which links may be provided on this knowledge-site.

No Legal Advice: By clicking ‘I agree’ and proceeding further, you acknowledge, represent and undertake that you on your own accord wish to know more about NDA, its capabilities and research content and information contained on the knowledge-site, for your own knowledge and personal use. The content and information contained on this knowledge-site should not be construed as nor relied upon as legal advice. You as a reader or recipient of content or information contained in this knowledge-site should not act, nor refrain from acting, based upon any or all of such content or information, but should always seek the advice of competent legal counsel licensed to practice the relevant law in the appropriate jurisdiction.

No Attorney-Client Relationship: This knowledge-site is not intended to be and you should not consider the content or information contained therein to be an advertisement, solicitation, inducement or invitation for an Attorney-Client relationship. Transmission, receipt or use of this knowledge-site, including content and information contained therein, does not constitute nor create an Attorney-Client relationship between NDA and you.

I Agree