Allowed

M/S. K Sera Sera Miniplex Pvt. Ltd. v. M/S. Anil Enterprises

Bombay HC8 Apr 2013ARBAP/83/2013

Case brief

AI extract

What is this about?

This order dismissed an application for the appointment of an arbitrator where the respondent refused to appoint one, alleging the agreement was terminated. The Bench held that arbitration survives termination and appointed J.P. Devadhar as the sole arbitrator.

What did the court decide?

Mr. Justice J.P. Devadhar appointed as sole Arbitrator; application disposed off.

M/S. K Sera Sera Miniplex Pvt. Ltd. Vs M/S. Anil Enterprises — Arbitration | Bombay HC (2013)

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32.arbap.83.2013.doc

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dik

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

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ARBITRATION APPLICATION NO.83 OF 2013

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M/s K.Sera Sera Miniplex Pvt. Ltd.

..Applicant

Vs.

M/s Anil Enterprises

..Respondent

Mr.Rakesh K. Agrawal for the applicant. None for the respondent.

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CORAM : R.D DHANUKA, J. DATE : APRIL 8, 2013.

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P.C.:

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The applicant has already filed affidavit of service on record which indicates that the respondent is served. None appeared for the respondent though served.

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By this application filed under Section 11 of the Arbitration and Conciliation Act, 1966 the applicant seeks appointment of the Arbitrator in terms of Clause 9 of the said Franchise Agreement dated 11^th January, 2011 entered into between the applicant and the respondent.

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The applicant invoked the Arbitration Clause recorded under the Agreement to resolve the dispute between the parties. The respondent by letter dated 14^th February, 2013 refused to appoint arbitrator on the ground that the respondent has already filed the suit in the Civil

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32.arbap.83.2013.doc

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Court at Indore. It is contended by the respondent that as the agreement stood terminated, arbitration agreement cease to exist.

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None appeared for the respondent though served. On perusal of the Franchise Agreement it is clear that it records arbitration agreement under clause 15.4 r/w 15.3. In my view agreement exist between the parties. Even if the said agreement is terminated, the arbitration does not come to an end.

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As the respondent has refused to nominate the Arbitrator, present application filed under Section 11(6) of the

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Arbitration and Conciliation Act, 1996 is maintainable.

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i) Mr. Justice J.P.Devadhar, former Judge of this Court

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is appointed as sole Arbitrator.

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ii) Application is disposed off.

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iii) No order as to costs.

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[ R.D.DHANUKA, J. ]

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/kukIik dks”Vh

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M/S. K Sera Sera Miniplex Pvt. Ltd. v. M/S. Anil Enterprises

Case brief

What is this about?

What did the court decide?

M/S. K Sera Sera Miniplex Pvt. Ltd. v. M/S. Anil Enterprises

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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