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2009 Supreme(Del) 20

SANJIV KHANNA
MINISTRY OF SOUND INTERNATIONAL LTD. – Appellant
Versus
INDUS RENAISSANCE PARTNERS ENTERTAINMENT PVT. LTD. – Respondent


Advocates Appeared:
Mr. A.S. Chandhiok, Sr.Advocate with Mr.Mukul Baneja, Ms.Rashi Nagpal, Ms.Shweta, Mr.Arjun, Advocates.
Mr. Jayant Nath, Sr. Advocate, Mr.L.M. Asthana, Mr.Upender
Thakur, advocates for defendants 1 and 2.
Mr.Arvind Nayar, Mr.Vikas Kumar, advocates for defendant no.4.

SANJIV KHANNA, J:

1. Indus Renaissance Partners Entertainment Pvt. Ltd. and Mr.Anshuman Kapur, defendants 1 and 2 have filed an application under Section 8 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as Act, for short) for disposal/dismissal of the Suit filed by Ministry of Sound International Ltd, the plaintiff herein on the ground that the disputes are covered by the arbitration clause between the parties. The plaintiff, as per the plaint, is a private company incorporated under the laws of Ireland.

2. The plaintiff and the defendant no.1 admit execution of the Agreement dated 7th December, 2006 granting licence to defendant no.1 to use its trademarks/copyright in respect of ‘Ministry of Sound’, ‘The Ministry’, ‘Ministry’, ‘MOS’ and logo of the plaintiff and to run a night club by the name of ‘The Pyramid’.

3. Agreement dated 7th December, 2006 incorporates Clause 29 under the heading Governing law, Jurisdiction and Dispute Resolution. The said Clause reads as under :- ‘29. Governing Law, Jurisdiction and Dispute Resolution. 29.1 This Agreement is governed in all respects in accordance with English law and shall be construed and take effect as an agreem


























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