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2021 Supreme(Del) 2251

VIBHU BAKHRU
Alok Narang – Appellant
Versus
Kayaan Marketing & Distribution Pvt Ltd – Respondent


Advocates appeared:
Atul Kharbanda, Advocate, Kapil Sethi, Advocate, Manish Malhotra, Advocate

JUDGMENT

Vibhu Bakhru, J. - The petitioner has filed the present petition under Section 14 of the Arbitration and Conciliation Act, 1996 (hereinafter the 'A&C Act'), 1996, inter alia, praying that the appointment of the Sole Arbitrator appointed by the respondent be declared void. The petitioner also impugns the order dated 29.07.2020 passed by the learned Arbitrator rejecting the petitioners application challenging his appointment.

2. The parties had entered into an agreement on 31.01.2020 ( 'the Agreement') for operating of a restaurant and bar, namely "CAFF ME", in the basement and ground floor of the building bearing no.B1/1 and B1/2, Block, Community Centre, Janakpuri. The petitioner claims that the restaurant could not be operated successfully in view of the lockdown imposed on account of the outbreak of COVID-19.

3. The respondent sent an email dated 02.06.2020 alleging nonperformance on the part of the petitioner. Thereafter, by a letter dated 05.06.2020, the respondent terminated the Agreement dated 31.01.2020.

4. Admittedly, disputes have arisen between the parties in connection with the said Agreement dated 31.01.2020.

5. By a notice dated 04.07.2020, the respondent proceeded

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