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DELHI HIGH COURT
MUKTA GUPTA
Hero Moto Corp. Ltd. – Appellant
Versus
Upper India Trading Co. (Delhi) Pvt. Ltd. – Respondent


JUDGMENT

Mukta Gupta, J. By this petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 (in short, the Act), petitioner seeks appointment of a Sole Arbitrator in terms of Clause 23.16 of the Dealership Agreement dated 15th February 2018.

2. According to the petitioner, the petitioner is a manufacturer of two-wheelers/spares and entered into a dealership arrangement with respondent No. 1 which sells two wheelers on retail basis and services the same, vide agreement dated 17th February 2003. The said authorized dealership agreement was renewed on 15th February 2018. The respondent Nos. 2 and 3 being the Directors of respondent No. 1 stood as guarantors to the dealership arrangement vide the Guarantee Deeds dated 31st December 2005. The respondents defaulted in payments for goods purchased by the respondent No. 1 and despite initiation of negotiations and discussions to amicably resort the disputes, the disputes could not be resolved and despite assurances, including expressly assuring repayments inter alia vide their letters dated 29th May 2019, 13th March 2020 and email dated 17th July 2020 and the balance confirmation letter dated 1st October 2020, the respond

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