JUDGMENT

Jyoti Singh, J. Present petition has been filed under Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as `1996 Act') seeking the following reliefs:

"A. An order of interim injunction restraining the Respondent, its directors, partners, business associates, principal officers, agents, dealers, distributors, franchisees, manufacturers, and all others acting for and on their behalf, from directly or indirectly using the Petitioner's "LIBERTY" marks, and/or any other mark which is deceptively similar to the Petitioner's "LIBERTY" marks, in any manner whatsoever;

B. An order directing the Respondent herein to immediately remove any sign boards/indication/display of any of the "LIBERTY" trademarks from its premises, stationary, invoices, documents, publications, packaging material, websites, etc.;

C. An order directing the Respondent to immediately withdraw any advertising/broadcasting/webcasting or third-party publication including any advertising or promotional materials bearing the "LIBERTY" marks;

D. An order restraining the Respondent, its directors, partners, business associates, principal officers, agents, dealers, distributors, franchisees, manufacturers, and all others acting for and on their behalf, from directly or indirectly disclosing, divulging and/or using any confidential information of the Petitioner acquired by the Respondent during the term or as a result of the Trade Mark License Agreement dated 03.04.2013;

E. An order directing the Respondent to immediately deliver to the Petitioner, all marking, printing, embossing, moulding & creating material owned or used by or on behalf of the Respondent, in the possession of the Respondent or under its control or in the possession of any third party manufacturer, including all materials, containers, packaging, labels, promotional materials, advertising materials and finished units of the products bearing the "LIBERTY" marks and which are in the possession of, held on behalf of, or in transit to the Respondent;

F. An order directing the Respondent to deposit a sum of Rs.17.36 Crores being the shortfall in the license fees payable along with applicable interest payable to the Petitioner under the terms of the License Agreement, with the Registry of this Hon'ble Court;

G. Any ad-interim ex-parte orders in terms of the above prayers;

H. Any other order(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present petition and in the interest of justice be passed in favour of the Petitioner and against the Respondent."

2. Factual matrix to the extent necessary and relevant and as captured in the petition is that Petitioner was established in 1954 as a registered partnership firm and since its establishment has been engaged in the business of marketing and manufacturing of footwear and fashion products and is the first user and proprietor of well-known trademark `LIBERTY', which was coined and adopted in the same year. On 01.04.2001, Petitioner and Respondent entered into a Registered User Agreement in respect of trademark `LIBERTY' in Class 25 for a period of three years. On 28.03.2003, Petitioner became the exclusive owner of the `LIBERTY' trademark and its formative marks. Trademark License Agreement (hereinafter referred