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2021 Supreme(Del) 16

VIBHU BAKHRU
Medisprouts India Pvt. Limited CIN U93020KL2012PTC030297 a Company Registered Under The Companies Act – Appellant
Versus
Silver Maple Healthcare Services (P) Ltd. CIN U85100DL2010PTC200694 a Company Incorporated Under Companies Act – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Shinu J. Pillai, Advocate.

JUDGMENT :

[Hearing Held Through Video Conferencing]

1. The petitioners have filed the present petition under Section 32(2)(c) of the Arbitration and Conciliation Act, 1996 (hereinafter ‘the Act’), inter alia, impugning an order dated 27.11.2020, whereby an application filed by the petitioners seeking termination of arbitral proceedings in terms of Section 32(2)(c) of the Act was rejected along with costs of Rs.20,000/-. The petitioners also pray that orders be passed terminating the arbitral proceedings.

2. The disputes between the parties arose in connection with a Sub-Franchise Agreement dated 24.01.2012 entered into between petitioner no. 1 and the respondent. In terms of the said agreement, the respondent had granted petitioner no. 1 non-transferable and non-assignable license to use the trademarks (DHI trademarks) for specified products and for hair transplantation services, in the State of Kerala.

3. Petitioner no. 1 is a company and petitioner nos. 2 and 3 are its directors.

4. The petitioners claim that petitioner no. 1 terminated the said Sub-Franchise Agreement vide a letter dated 06.03.2019. The respondent claims that it terminated the Sub-Franchise Agreement by a letter dat

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