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PRATEEK JALAN
Prime Interglobe Private Limited – Appellant
Versus
Super Milk Products Private Limited – Respondent
JUDGMENT
1. By way of this petition under Section 11 of the Arbitration and Conciliation Act, 1996 [hereinafter, "the Act"], the petitioner seeks appointment of an arbitrator to adjudicate claims raised by it against the respondent arising out of an agreement dated 03.10.2016, entitled "Master Franchise Agreement" [hereinafter, "MFA"].
A. Facts:
2. By way of the MFA, the petitioner was appointed as the "Master Franchisee" in respect of the trademark "KEVENTERS", which the respondent claimed to have the right to use, and for the purpose of selling milkshakes under "kiosk franchise model" in designated territories.
3. The detailed terms of the MFA are irrelevant for the purposes of the present petition. Suffice it to say that the MFA contains an arbitration clause in Clause 28. The arbitration clause provides for a sole arbitrator to be appointed by the franchisee [the petitioner herein], out of a panel of three people suggested by the franchisor [the respondent herein]. New Delhi has been designated as the place of arbitration. By virtue of Clause 30.2 of the MFA, Courts in Delhi have been vested with exclusive jurisdiction over all matters arising out of the MFA.
4. Disputes ha
The court emphasized that an elaborate enquiry into the maintainability of the claims sought to be agitated by the petitioner is not appropriate at the stage of proceedings under Section 11 of the Ac....
Claims withdrawn do not reset the limitation period; the original cause of action's date governs the timeliness of arbitration requests.
Point of Law : Mere fact that the petitioner has filed a consolidated Section 11 petition, instead of filing three separate petitions under Section 11, cannot, be a ground to reject the petition alto....
The limitation period for arbitration claims commences from the date of the Cure Notice, and claims not filed within three years are barred, affirming the arbitrator's findings.
The claims were notified within the stipulated period and submitted along with the final bill in accordance with Clause 6.6.3.0 of the GCC, making the disputes arbitrable under Clause 9.1.0.0.
The main legal point established is that the filing of a petition under Section 11(6) of the 1996 Act is not subject to a period of limitation and is covered by the residual provision Article 137 of ....
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