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2021 Supreme(Del) 1872

C. HARI SHANKAR
My Preferred Transformation And Hospitality Pvt. Ltd. – Appellant
Versus
Sumithra Inn – Respondent


Advocates appeared:
Jayant Mehta, Advocate, Jeevan Ballav Panda, Advocate, Shalini Sati Prasad, Advocate, Satish Padhi, Advocate, Meher Tandon, Advocate, Gaurav Sharma, Advocate, V. Prabhakar, Advocate, Jyoti Prasher, Advocate, N.J. Ramchandar, Advocate, Krithika Sridhar, Advocate

JUDGMENT

C. Hari Shankar, J. - By the present petition, under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the 1996 Act"), the petitioner seeks appointment of an arbitrator, to arbitrate on the dispute between the parties.

2. Mr. V. Prabhakar, learned counsel appearing for the respondent, has not seriously contested the existence of an arbitrable dispute. He has raised, essentially, two objections to the grant of the reliefs sought by the petitioner. The first is that this Court does not possess the territorial jurisdiction to adjudicate on the petition. The second is that the petitioner is a stranger to the contract containing the arbitration clause, which is between the respondent and M/s. Alcott Town Planners Private Limited (hereinafter referred to as "Alcott"), which came to be known, later, as "OYO Hotels and Homes Private Limited") (hereinafter referred to as "OYO").

3. In order to appreciate these objections of Mr. Prabhakar, it is necessary to refer, to some extent, to the relevant facts, as urged by the petitioner in the petition.

    Facts as urged by the petitioner

    4. The facts of the case, as urged by the petitioner, may be enumerate

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