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G. S. KULKARNI
Priya Malay Sheth – Appellant
Versus
VLCC Health Care Ltd. – Respondent
JUDGMENT
G.S.KULKARNI, J. - This is an application filed under Sec. 11 of the Arbitration and Conciliation Act, 1996 (for short "the Act") whereby the applicant has prayed for appointment of an arbitral tribunal for adjudication of the disputes and differences which have arisen between the parties under an agreement titled as the 'Infrastructure and Facility Management Agreement' dtd. 14/7/2018 (for short "the said agreement").
2. The respondent is a company incorporated under the Companies Act, 1956 and is stated to be engaged interalia in the business of 's limming, skin and hair services' it possesses the right to use its trade mark, trade names, copyrights, designs, logos, slogans, commercial symbols and operates under the trade mark VLCC.
3. It is the case of the applicant that the respondent being an infrastructure provider, had persuaded the applicant to become a collaborator and infrastructure provider for running of what is described as "VLCC slimming, skin and hair services Centre" (for short "the centre") for its business activities in Mumbai. Accordingly the agreement in question came to be entered between the applicant and the respondents for running of such centre at U
The jurisdiction for appointing an arbitrator lies with the court where the principal agreement was executed, as per Section 11(6), despite a venue specified in an ancillary agreement.
Point of law: Where any disputes arise between parties in respect of or in connection with the agreement then parties shall first endeavour to conciliate the disputes failing which the same shall be ....
The designation of a venue for arbitration also constitutes the seat, thus excluding jurisdiction of other courts as per party autonomy principles.
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