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2022 Supreme(Cal) 11

PRAKASH SHRIVASTAVA
WOODBURN ASSOCIATES – Appellant
Versus
MARKS AND SPENCER RELIANCE INDIA PRIVATE LIMITED – Respondent


Advocates:
Advocate Appeared:
Surajit Nath Mitra, Soumabha Ghose, Rishav Dutt, Tiana Bhattacharyya, Vivek Singh, Soumyadeep Biswas.

JUDGMENT :

Prakash Shrivastava, J.

1. This application under Section 11 of the Arbitration and Conciliation Act, 1996 has been field for appointment of arbitrator.

2. The plea of the applicant is that it is a partnership firm having experience in real estate development whereas the respondent is a company principally in the business of setting up and operating retail stores. Applicant is the owner of the land wherein he is developing basement plus ground plus six storied commercial complex. The initial LOI dated 14th of February, 2014 was executed between the parties for leasing out the demised premises to the respondent and thereafter terms were crystallized and five agreements i.e. master agreement, lease deed, vehicle parking agreement, equipment agreement and signage agreement were signed on the same day i.e. 19th of September, 2014 for letting out the demised premises. Certain disputes had arisen between the parties, therefore, applicant had given the notice dated 24.09.2016 invoking the arbitration clause and nominating a senior advocate in terms of the arbitration clause contained in the master agreement. By the reply dated 04.10.2016, respondent had disputed the existence of t

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