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HIGH COURT OF BOMBAY
N. J. JAMADAR, J
Bafna Motors Private Limited – Appellant
Versus
Amanulla Khan – Respondent
| Table of Content |
|---|
| 1. execution of leave and license agreement (Para 3) |
| 2. notice and refund of security deposit (Para 4 , 5) |
| 3. respondent's resistance to arbitration (Para 6 , 7) |
| 4. petitioner's arguments on arbitration (Para 10 , 11) |
| 5. court's observations on arbitration amenability (Para 12 , 14 , 15) |
| 6. legal interpretation of arbitration clauses (Para 24 , 41) |
| 7. court’s order to appoint arbitrator (Para 46) |
ORDER:
1. By virtue of this application under section 11 of the Arbitration and Conciliation Act, 1996 (the Act, 1996), the petitioner seeks appointment of an Arbitrator to arbitrate all the disputes and differences that have arisen between the parties in relation to the Leave and License Agreement dated 2nd July, 2012. 2. The application arises in the backdrop of the following facts:-
a] The applicant is a company incorporated under the Companies Act, 1956. It is engaged in the business of dealership of commercial vehicles. The applicant was looking for a premises to operate a workshop. The respondent who is the holder of a leasehold land being Survey No. 193, CTS No. 416 of village Kurla, admeasuring 4664.46 sq.ft having a workshop shed at S.K. Compound, Kurla village at Kurla (
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