The Delhi High Court appointed an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 to adjudicate disputes arising under a franchise agreement, despite the respondent's claim that the agreement had terminated.
Appointment of Mr. Manish Mohan as Arbitrator under Delhi International Arbitration Centre (DIAC) rules.
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Through: Mr. Nikhil Goel, Advocate
versus
M/S LAVIE CARE PRIVATE LIMITED .....Respondent Through: Mr. Jeewan Chandra, Advocate
CORAM:
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
O R D E R
“ DISPUTE RESOLUTION
The parties shall refer any controversy or claim arising out of or relating to this agreement, or breach thereof, shall be referred to sole arbitration in
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/12/2024 at 12:42:43
accordance with the Indian Arbitration and conciliation Act, 1996 (1996 Act). The place of arbitration shall be New Delhi and the language to be used in the arbitral proceedings shall be English. B) In the event of a breach of this agreement where monetary damages would not be readily calculated and that Lavie Care would not have an adequate remedy at law, therefore the Business Partner acknowledges, consents, and agrees that Lavie Care shall be entitled to seek, in addition to any other remedies and damages for such breach, specific performance and/or immediate injunctive relief both temporarily or permanently, from an arbitral tribunal constituted as per the terms of this agreement or other such equitable relief to restrain the violation or threatened violation of such obligations by the Business Partner and the persons acting for or in connection with the Business Partner, and until such constitution from appropriate courts in Delhi under the 1996 Act or otherwise, as the case may be.”
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/12/2024 at 12:42:43
is appointed as an Arbitrator to adjudicate upon the disputes between the Parties.
SUBRAMONIUM PRASAD, J
DECEMBER 13, 2024 RJ
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/12/2024 at 12:42:43
2 issues framed by the court
Whether the arbitral tribunal could be appointed given the termination claim of the arbitration agreement.
Whether the respondent's contention regarding the efflux of time is tenable for appointment.
2 provisions across 1 enactments
MRS. SAROJ
M/S LAVIE CARE PRIVATE LIMITED
SUBRAMONIUM PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
