Section 9 AA – Interim relief for gag order on distributing from making disparaging statements

The Respondent is the distributor of the Petitioner in Australia as per the Distribution Agreement dated 26.12.2017.  

Unique case of a manufacturer accusing a distributor of disparagement on being upset about the relationship and asking for restrain injunction from maligning, damaging the petitioner’s name and its brand name “Wonderchef”. 

The basis for the interim prayer of injunction is that the Respondent has been sending e-mails complaining about the petitioner’s products having demonstrated defects and poor treatment of the Respondent by the Petitioner and the manner in which in which the relationship is being handled.

Judgment dated 27.1.2023 of the High Court of Bombay in Commercial Arbitration Petition No.791 of 2024 of Wonderchef Home Appliances Pvt Ltd   Vs.  Shree Swaminarayanan Pty Ltd