Looks Salon Pvt. Ltd. v. Hl Residency Pvt. Ltd.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ ARB.P. 70/2024 LOOKS SALON PVT. LTD.

..... Petitioner Through:

Ms. Shruti Gupta, Advocate.

versus HL RESIDENCY PVT. LTD.

..... Respondent Through:

None

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 07.03.2024 I.A. 1208/2024 (Exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of.

ARB.P. 70/2024 1.

The Arbitration Petition under Section 11 of the Arbitration and Conciliation Act, 1996 has been filed on behalf of the petitioner, for appointment of the sole Arbitrator.

2.

It is submitted in the Petition that a franchise agreement dated 01.01.2018, was executed between the petitioner and the respondent. However, the respondent has stopped making payments under the franchise agreement. A legal notice dated 07.11.2022 was served upon the respondent. However, in view of the inaction on the part of the respondent, the reminder notice was issued on 04.01.2023 and also in the said notice, it was mentioned that the Arbitration Agreement between the parties shall be invoked. However, no collective steps have been taken by the respondent in The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/03/2024 at 11:35:09

the petition.

3.

Submissions heard.

4.

Considering the submissions made and also that Clause 20 of the Franchise Agreement contains the Clause for referring the disputes for Arbitration, Mr. Himanshu Pathak, Advocate (M) 9643121390, is hereby appointed as the Arbitrator, to adjudicate the disputes between the parties. 5.

The parties are at liberty to raise their respective objections before the Arbitrator.

6.

The fees of the learned Arbitrator would be fixed in accordance with the IV Schedule to the Act, 1996 or as consented by the parties. 7.

This is subject to the Arbitrator making necessary disclosure as under Section 12(1) of A&C Act, 1996 and not being ineligible under Section 12(5) of the A&C Act, 1996.

8.

Learned counsels for the parties are directed to contact the learned Arbitrator within one week of being communicated a copy of this Order to them by the Registry of this Court.

9.

Accordingly, the Arbitration Petition is accordingly allowed and disposed of.

NEENA BANSAL KRISHNA, J MARCH 7, 2024/RS The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/03/2024 at 11:35:09