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2021 Supreme(Kar) 189

S.SUNIL DUTT YADAV
Anheuser Busch Inbev India Limited, Mumbai – Appellant
Versus
East Godavari Breweries Private Limited, Andhra Pradesh – Respondent


Advocate Appeared:
For the Petitioner:Mr.Srinivas Raghavan, Senior Advocate for Ms.Meenakshy Natesan, Mr.Amar Gupta, Mr.Ashish Joshi & Ms.Divya Aggarwal, Advocates)
For the Respondent:Mr.Pradeep Nayak, Advocate for Mr.Nishanth Kadur and Mr.Siddharth Aiyanna, Advocate, Mr.Udaya Holla, Senior Advocate for Ms.Nitya Kalyani, Advocate, Mr.Salman Khurshid, Senior Advocate for Mr.Jafar Khurshid, Ms. Aadya Mishra and Mr.Sivaramakrishnan M.S., Advocates

ORDER :

The present petition has been filed seeking appointment of remaining three Members' of the Arbitral Tribunal and to constitute the Arbitral Tribunal for reference of disputes between the parties as per Clause 24.1 of the Brewing Agreement dated 06.02.2015.

I. Facts of the case:-

1. It is stated that the petitioner-Anheuser Busch Inbev India Limited and the respondent No.2 were parties to a Customer Information Service Provider Agreement (hereinafter referred to as "CISP Agreement") entered into on 21.03.2012. It is stated that originally the 'CISP Agreement' was executed on 21.03.2012 between M/s.SKOL Breweries Limited (hereinafter referred to as 'SKOL') renamed to SABMiller India Limited (hereinafter referred to as 'SABMiller') in 2014 and has been eventually taken over by the petitioner on the one hand and ILIOS Business Solutions Private Ltd., (hereinafter referred to as 'ILIOS') the Company stated to have been promoted by respondent No.3-Mr.Satish Babu Sana.

2. It is further stated that on 31.01.2015, the respondent No.3 and ILIOS represented to the petitioner that respondent No.1 and ILIOS are affiliate Companies and had guaranteed performance of respondent No.1 under the

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