VIBHU BAKHRU
RATIONAL INTELLECTUAL HOLDINGS LTD. – Appellant
Versus
SUNNY KARIRA – Respondent
VIBHU BAKHRU, J.
1. The petitioner, a company organized under the laws of the Isle of Man, has filed the present petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereafter “the Act”) impugning the arbitral award dated 21.08.2017 (hereafter “the impugned award”) delivered by the Arbitral Tribunal constituted under the .IN Dispute Resolution Policy and Rules of Procedure framed thereunder.
2. By the impugned order, the Arbitral Tribunal has rejected the petitioner’s complaint in regard to the registration of the domain name www.starpoker.in (hereafter “the disputed domain name”) which is registered in the name of respondent no.1.
3. The claim filed by the petitioner was not controverted by respondent no.1 and remained uncontested. However, the Arbitral Tribunal considered the claim and found that the disputed domain name did not offend any of the three conditions as set out in paragraph 4 of the .IN Dispute Resolution Policy (INDRP). The Arbitral Tribunal, accordingly, rendered the impugned award rejecting the petitioner’s claim.
4. The principal gro
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