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2021 Supreme(Del) 1246

SURESH KUMAR KAIT
Oyo Hotels And Homes Private Limited – Appellant
Versus
Hotel Barkha Pvt. Ltd. (amayara Hospitality) – Respondent


Advocates appeared:
Vivek Gupta, Advocate, Inderpreet Singh Jaidka, Advocate

JUDGMENT

Suresh Kumar Kait, J. - The present petition has been filed under Section 11 (6) of the Arbitration and Conciliation Act, 1996 seeking appointment of Sole Arbitrator to adjudicate the disputes with respondents in terms of Clause 14 of the Online terms and conditions, which was mentioned in Clause 15 and 16 of Marketing and Operational Consulting Agreements dated 25.11.2019.

2. As per the averments made in the present petition, petitioner is an incorporated Company, respondent No.1 is a hotel and respondent No.2 is Director/Authorised Representative of respondent No.1 and is running a hotel in the name Hotel Sheetal in Mahabaleshwar 412806. Further, respondents had approached the petitioner with a representation that respondents are in possession of a property named Hotel Sheetal which can be used on commercial purposes for hiring and letting. Based on the representations of the respondents, the petitioner and respondents entered into a Marketing and Operational Consulting Agreement dated 25.11.2019 by virtue of which petitioner was given the right to list the hotel of the respondents on its online platform and portal as part of the OYO Rooms property bearing OYO ID MBL017, i

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