Allowed¶23

M/S Refop India Company v. M/S. Ivy Stores & Ors.

Delhi HC15 May 2025O.M.P.(MISC.)(COMM.)/386/2025

Case brief

AI extract

What is this about?

Refop India Company v. Ivy Stores; Delhi High Court; O.M.P.(MISC.)(COMM.) 386/2025; Jyoti Singh, J.; order dated 15.05.2025; Section 29A(4) and (5) Arbitration and Conciliation Act 1996; extension of arbitrator's mandate; mandate expired 25.11.2024; nine-month extension from 15.05.2025; regularisation of period 26.11.2024 to 14.05.2025; Franchise Agreement dated 05.12.2012; prior proceedings ARB. P. 106/2022 and O.M.P.(T)(COMM.) 34/2023; consent order; petition allowed and disposed of.

What did the court decide?

Mandate of the learned Arbitrator extended by a period of nine months from 15.05.2025, with the period between 26.11.2024 and 14.05.2025 regularised; petition allowed and disposed of. ¶23

M/S Refop India Company Vs M/S. Ivy Stores & Ors. — Arbitration | Delhi HC (2025)

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$~58

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- O.M.P.(MISC.)(COMM.) 386/2025

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M/S REFOP INDIA COMPANY .....Petitioner

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Through: Mr. Deepak Jaiswal, Advocate.

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versus

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M/S. IVY STORES & ORS. .....Respondents Through: Mr. Rohan Ved, Advocate.

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CORAM:

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HON'BLE MS. JUSTICE JYOTI SINGH

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O R D E R % 15.05.2025

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I.A. 12333/2025 (Exemption)

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Allowed, subject to all just exceptions.

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Application stands disposed of.

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O.M.P.(MISC.)(COMM.) 386/2025

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This petition is filed on behalf of the Petitioner under Section 29A (4) and (5) of the Arbitration and Conciliation Act, 1996 (‘1996 Act’) seeking extension of the mandate of the learned Arbitrator by a period of one year. 4. Disputes having arisen between the parties in relation to Franchise Agreement dated 05.12.2012, whereby Respondents were granted non-exclusive rights to operate and manage franchise stores and sell the products of Petitioner, petition was filed by the Petitioner under Section 11(6) of 1996 Act being ARB. P. 106/2022 seeking appointment of a Sole Arbitrator, which was allowed on 07.03.2022 appointing a Sole Arbitrator. However, the learned Arbitrator later recused from the matter and this Court

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O.M.P.(MISC.)(COMM.) 386/2025

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Page 1 of 2

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This is a digitally signed order.

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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 01/07/2025 at 16:29:34

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in O.M.P.(T)(COMM.) 34/2023, appointed a substitute Arbitrator on 11.05.2023 and the proceedings resumed. It is stated in the petition that arbitral proceedings are at the stage of cross-examination of Respondents’ witness. Mandate of the learned Arbitrator has expired on 25.11.2024 and in this backdrop, present petition has been filed.

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Issue notice.

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Mr. Rohan Ved, learned counsel for the Respondents accepts notice and on instructions, submits that the Respondents have no objection to the extension of mandate of the learned Arbitrator.

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Accordingly, with the consent of the parties, mandate of the learned Arbitrator is extended by a period of nine months from 15.05.2025 and period between 26.11.2024 to 14.05.2025 is regularised.

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Petition is allowed and disposed of in the aforesaid terms

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JYOTI SINGH, J

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MAY 15, 2025 S.Sharma

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O.M.P.(MISC.)(COMM.) 386/2025

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Page 2 of 2

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This is a digitally signed order.

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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 01/07/2025 at 16:29:34

M/S Refop India Company v. M/S. Ivy Stores & Ors.

Case brief

What is this about?

What did the court decide?

M/S Refop India Company v. M/S. Ivy Stores & Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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