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DELHI HIGH COURT
JAYANT NATH
Golden Tobie Private Limited – Appellant
Versus
Golden Tobacco Limited – Respondent
| Table of Content |
|---|
| 1. application for arbitration by defendant. (Para 1 , 2) |
| 2. details of trademark license agreements. (Para 3 , 4) |
| 3. defendant's contention on agreement termination. (Para 5 , 6) |
| 4. arguments on arbitrability of disputes. (Para 8 , 9) |
| 5. legal position on arbitration agreements. (Para 10 , 11) |
| 6. in rem actions and arbitrability. (Para 12 , 13) |
| 7. court's ruling on dispute arbitrability. (Para 14 , 15 , 16) |
| 8. order to refer parties to arbitration. (Para 17) |
JUDGMENT
Jayant Nath, J.
IA No. 6080/2021
1. This is an application filed by the defendant under Section 8 of the Arbitration and Conciliation Act, 1996 for referring the disputes between the plaintiff and the defendant to arbitration.
2. The plaintiff has filed the present suit seeking the following reliefs:
"(a) Decree for permanent injunction restraining the Defendant, their partners, directors, shareholders or proprietor as the case may be, its assigns in business, franchisees, affiliates, subsidiaries, licensees and agents from selling, offering for sale, advertising, directly or indirectly the exclusive brands as mentioned in Schedule-3 of the Trademark Licence Agreement dated 12.02.2020 and amendment to Tra
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