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2020 Supreme(SC) 241

R.BANUMATHI, A.S.BOPANNA, HRISHIKESH ROY
Mankastu Impex Private Limited – Appellant
Versus
Airvisual Limited – Respondent


Advocates Appeared:
For the Appellant :Vikas Dutta, Ujjwal Nagaich, Siddharth Silwal, O. P. Bhadani, Advocates
For the Respondent:Ritin Rai, Kritika Bhardwaj, Siddhartha Jha, Gunjan Mathur, Advocates

JUDGMENT :

R. Banumathi, J.

This petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 read with Arbitration and Conciliation (Amendment) Act, 2015 read with the Appointment of Arbitrator by the Chief Justice of India Scheme, 1996 seeking appointment of a sole arbitrator under Clause 17.2 of the Memorandum of Understanding dated 12.09.2016 between petitioner-Company incorporated in India and respondent-incorporated under the laws of Hong Kong.

2. Brief facts of the case relevant for the purposes of this petition are as under:-

The petitioner-company incorporated in India conducts business under the brand name "Atlanta Healthcare" and is in the business of air quality management and supply of air purifiers, car purifiers, anti-pollution masks and air quality monitors. The respondent is a company incorporated under the laws of Hong Kong and is in the business of manufacture and sale of air quality monitors as well as air quality information. A Memorandum of Understanding (MOU) dated 12.09.2016 was entered into between the parties under which the respondent agreed to sell to the petitioner the complete line of the respondent's air quality monitors produ


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