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2023 Supreme(Del) 150

NAVIN CHAWLA
Bikanervala Foods Private Limited – Appellant
Versus
Saatvik Foods – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr.Ankit Jain, Mr.Raman Mishra, Ms.Neha Jain, Mr.Abhay Pratap Singh, Mr.Aditya Chauhan, Advs.
For the Respondent: Mr.Anurag Bisaria, Mr.Madhur Mahajan, Advs.

JUDGMENT :

Navin Chawla, J.

1. This petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the ‘Act’) seeking appointment of an Arbitrator for adjudicating the disputes that have arisen between the parties in relation to the Franchise Agreement dated 21.05.2019 executed between the parties. The Arbitration Agreement is contained in Clause 29 of the Franchise Agreement and is reproduced herein below:

    “29. DISPUTE RESOLUTION, ARBITRATION & COURTS JURISDICTION

a. If a dispute arises in relation to, touching, arising out of, or in connection with this Agreement shall be resolved amicably at the first instance whereby referring the same to Managing Directors/Directors of both the parties. The final outcome of the same whether resolved or unresolved, as the case may be, shall be recorded in writing. Unresolved disputes, •controversies, contests, disputes, if any, shall be submitted to arbitration within 30 days from the date of failure to resolve the dispute or difference. The Arbitration shall be conducted in accordance with the Provisions of the Arbitration and Conciliation Act, 1996 along with the rules framed there under and any

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