JUDGMENT :

SANJEEV NARULA, J.

I.A. 8948/2019

1. Defendant No.1 has filed the present application under Section 45 of the Arbitration and Conciliation Act,1996 (hereinafter "the Act") for the dismissal of the suit on the ground that the subject matter of the suit is covered by the arbitration agreement between the parties.

2. Plaintiff No. 2- Mr. Harpreet Sachdeva is an entrepreneur and is the promoter, director and authorized representative of Plaintiff No.1 company. The said company is headquartered at New Delhi and is engaged in the business of import, distribution, marketing and advertising of food and beverage products. Defendant No. 1 is a company incorporated under the laws of Hungary and is engaged in the business of production and sale of "Hell Energy Drinks" and development of the brand. Defendant No. 2 is the agent of Defendant No. 1 and is the India National Sales Director of Defendant No.1. Plaintiff No. 3 is stated to be the sub-distributor of Plaintiff No.1 who is stated to be aggrieved by the actions of the Defendants and has joined as a party.

Brief Factual Background

3. Plaintiff No. 1 and Defendant No. 1 entered into an Exclusive Distribution Agreement (hereinafter refe