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2021 Supreme(Del) 2042

NAVIN CHAWLA
Sagar Ratna Restaurants Pvt. Ltd. – Appellant
Versus
D. S. Foods – Respondent


Advocates appeared:
Ajay Gulati, Advocate, S.K. Jain, Advocate, Stuti Jain, Advocate, Akshu Jain, Advocate

JUDGMENT

Navin Chawla, J. - This hearing has been held by video conferencing.

2. This petition has been filed by the petitioner challenging the order dated 27.02.2020 passed by the learned District Judge, (Commercial Court-02), South District, allowing the application of the respondents herein filed under Section 8 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'Act'); accepting the plea of the respondents that the parties be referred to arbitration; and dismissing the suit filed by the petitioner as not maintainable.

3. It is the case of the petitioner that it is the registered owner of the trade mark "SAGAR", "RATNA" and "SAGAR RATNA" which has been duly renewed by the petitioner from time to time. The petitioner contends that it entered into a Franchise Agreement dated 06.06.2013 and a Supplementary Agreement dated 08.10.2014 with the respondents wherein the respondents were appointed as Franchisees and granted licence to use said trade mark.

4. As certain disputes arose, the petitioner claims to have sent a cease and desist notice dated 31.10.2018 to the respondents to terminate the Franchise Agreement.

5. The petitioner thereafter filed a petition und

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