JUDGMENT :

JAYANT NATH, J.

IA No.6080/2021

1. This is an application filed by the defendant under Section 8 of the Arbitration and Conciliation Act, 1996 for referring the disputes between the plaintiff and the defendant to arbitration.

2. The plaintiff has filed the present suit seeking the following reliefs:

“(a) Decree for permanent injunction restraining the Defendant, their partners, directors, shareholders or proprietor as the case may be, its assigns in business, franchisees, affiliates, subsidiaries, licensees and agents from selling, offering for sale, advertising, directly or indirectly the exclusive brands as mentioned in Schedule-3 of the Trademark Licence Agreement dated 12.02.2020 and amendment to Trademark Licence Agreement dated 29.08.2020;

(b) Decree for permanent injunction restraining the Defendant, their partners, directors, shareholders or proprietor as the case may be, its assigns in business, franchisees, affiliates, subsidiaries, licensees and agents from selling, offering for sale, advertising, directly or indirectly dealing in any product, or reproducing or using in any manner whatsoever, the infringing exclusive brands as mentioned in Schedule-3 of the Trademar