S.B.SHUKRE
Nivaran Solutions, Goa – Appellant
Versus
Aura Thia Spa Services Pvt. Ltd. , Mumbai – Respondent
This appeal filed under section 37 of the Arbitration and Conciliation Act, 1996 (in short, “Arbitration Act”) arises from an order dated 29-10-2014 passed on section 9 Arbitration Act application by the Principal District Judge, Panji, Goa refusing to exercise his authority under section 9 on the ground that the Court has no territorial jurisdiction in the matter.
2. The appellant No. 1 is a partnership firm and appellant Nos. 2 and 3 are its partners. The respondent No. 1 is a company incorporated under the Indian Companies Act and engaged in the business of offering various Spa and Saloon services. The respondent No. 2 is the director of the respondent no. 1company. The appellant No. 1 being interested in marketing Spa and Saloon services in the State of Goa, executed two agreements with the respondent No. 1, both dated 31st October, 2012. By these agreements, the respondent No. 1 was appointed as Master Franchisee and was given exclusive right in the entire State of Goa to market the products and services of M/s Aura Thia Spa Services Private Limited also known as “M/s Aura Wellness and Healing Services Private Limited” in lieu of payment of Master Franchisee fee of Rs
Shah Babulal Khimji vs. Jayaben D. Kania and anr. reported in AIR 1981 SC 1786
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