Meena Bazaar Vs Mohammed Amin Abubaker

MEENA BAZAAR A PROPRIETORSHIP FIRM, HAVING ITS OFFICE AT A1/15M SAFDARJUNG ENCLAVE, NEW DELHI 1100029, REPTD. BY ITS AUTHORISED REPRESENTATIVE RAJINDER PAL GROVER, SON OF LATE SH. KHAIRATI RAM GROVER, R/O FLAT NO 202, BLOCK 4, GLOBAL HEIGHTS, SECTOR 33, GURUGRAM, HARYANA, AGED ABOUT 64 YEARS.

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…PETITIONER

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(BY SRI. SUSHIL KUMAR TERIV, ADVOCATE)

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AND:

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Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA

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MOHAMMED AMIN ABUBAKER

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S/O LATE ABOO BAKER, R/O 98/11, WHEELEERS ROAD, EXTENTION, COOKE TOWN, BANGALORE 560005

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AQEEL ZACKRIA S/O LATE ZACKRIA YUSUF, R/O 10/1, BENSON CROSS ROAD, BENSON TOWN, BANGALORE 560046

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…RESPONDENTS (BY ARUN KUMAR K. SR,COUNSEL FOR SRI. SUNDARA RAMAN M V.,ADVOCATE)

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NC: 2026:KHC:23358 CMP No. 94 of 2023

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HC-KAR

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CIVIL MISC. PETITION UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING THAT THIS HONBLE COURT MAY BE PLEASED TOI. TO APPOINT AN ARBITRATOR TO RESOLVE THE DISPUTE BETWEEN THE PETITIONERS AND THE RESPONDENTS CONNECTION WITH ANNEXURE B THE LEAVE AND LICENCE AGREEMENT DATED 07/05/2013 AT CLAUSE NO. 28.

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THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH

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ORAL ORDER

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Heard Sri Sushil Kumar Teriv, the learned counsel

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appearing for the petitioner and Sri Arun Kumar K, learned senior counsel appearing on behalf of Sri Sundara Raman M.V., learned counsel for the respondents.

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In this petition, the petitioner has sought for

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appointment of an Arbitrator to adjudicate the disputes that have arisen between the parties in relation to the Leave and License Agreement dated 07.05.2013 at Clause No. 28, in accordance with the provisions of the Arbitration

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and Conciliation Act, 1996 (hereinafter referred to as the ‘Act’).

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NC: 2026:KHC:23358 CMP No. 94 of 2023

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HC-KAR

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It is contended by the learned counsel

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appearing for the petitioner by referring to Clause 28 of the Leave and License Agreement dated 07.05.2013 at Annexure-B, that, the appointment of an Arbitrator is necessitated for resolving of the dispute between the parties.

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Per contra, Sri Arun Kumar K, learned senior counsel appearing on behalf of the respondents, opposed the petition and disputed the Leave and License Agreement dated 07.05.2013 at Annexure-B and sought for dismissal of the petition.

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Having taken note of the submissions made by the learned counsel appearing for the parties and upon perusal of Clause 28 of the Leave and License Agreement dated 07.05.2013, I am of the considered opinion that, an Arbitrator is to be appointed to adjudicate the dispute between the parties.

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NC: 2026:KHC:23358 CMP No. 94 of 2023

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HC-KAR

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Accordingly, this petition under Section 11 (6) of the Act, 1996 is allowed. Hon'ble Sri. Justice RAJENDRA M BADAMIKAR , Former Judge, High Court of Karnataka, is appointed to enter into the said reference of Arbitration and act as Sole Arbitrator in the present case in the Arbitration and Conciliation Centre, Bengaluru, as per the Rules governing the said Arbitration Centre.

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All claims and contentions of any of the parties are kept open to be decided by the Arbitral Tribunal.

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A copy of this order be sent forthwith to the Arbitration and Conciliation Centre, Khanija Bhavan, Bengaluru, for proceeding further in the matter.

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Registry is directed to return all original documents produced by any of the parties if any, after obtaining Photostat copies of the same.

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Since the parties are represented through their learned counsel, in order to avoid further delay in the matter, the parties are directed to appear before the

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