JUDGMENT

Introduction

1. The petitioner has filed the present petition under Section 11 of the Arbitration and Conciliation Act, 1996 (hereafter the `A&C Act'), inter alia, praying that an arbitrator be appointed to adjudicate the disputes that have arisen between the parties in terms of Clause 18.6 of the Brand Usage Agreement dated 13.02.2019 (hereafter referred to as the `Agreement').

2. The petitioner claims that the brand name, `Avantha', was created by the petitioner as a common brand to cater to diverse businesses under the Avantha Group. It claims that it is an exclusive licensee of the `Avantha Brand' and has the right to sub-license the same to other entities for its use and promotion.

3. The petitioner claims that the respondent had entered into an Avantha Brand License and Brand Support Agreement dated 25.01.2010 (hereafter the `2010 Royalty Agreement'), in terms of which the respondent has been using the `Avantha Brand' since 01.10.2009.

4. The petitioner claims that in terms of the Agreement, the respondent had agreed to pay the petitioner Brand Royalty computed at the rate of 1% of its Annual Consolidated Net Operating Revenue. The Agreement provides that 50% of th