Vidli Restaurant Limited v. Deepak Thorat S/O Dinkar Thorat

carbpl 180 of 2016 (939).sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMM. ARBITRATION PETITION (L) NO.180 OF 2016 Vidli Restaurant Limited ...

Petitioner and Deepak Thorat s/o Dinkar Thorat ...

Respondent Mr. Zal T. Andhyarujina with Mr. Devesh Juvekar, Mr. Dikshat Mehra i/by M/s. Rajani Associates, for Petitioner.

Mr. Kuldeep Nikam with Mr. Chetan R. Nagare, for Respondent. CORAM: S.J. KATHAWALLA, J.

DATE: 6th OCTOBER, 2016 P.C.:

1.

Heard the learned Advocates appearing for the parties and the following order is passed by consent :

(i) Mr. Sharan Jagtiani, Advocate is appointed as the sole Arbitrator to decide the disputes between the parties arising out of the Franchise Agreement dated 24-03-2014.

(ii)The disclosure of Mr. Sharan Jagtiani, Advocate under Section 11 (8) read with Section 12 (1) of the Arbitration and Conciliation Act, 1996 is taken on record.

(iii)The parties shall appear before the learned Arbitrator in his chambers, on 10th October, 2016 at 10.30 a.m. and obtain necessary directions. (iv)The present Petition shall be treated as a Petition under Section 17 of ssp 1/2

carbpl 180 of 2016 (939).sxw the Act and the learned Arbitrator shall endeavour to dispose of the same within a period of four weeks from today.

(vi)The learned Arbitrator shall also endeavour to pass his final Award within a period of six months from today.

(v) Until further orders, the Respondent undertakes not to start new outlets using the impugned mark/s and/or any other deceptively similar mark. (v) All contentions of the parties are kept open. (vi) The cost of arbitration shall initially be borne by the parties equally. (vii) The venue of Arbitration shall be at Mumbai. (viii)In view of this order, the above Arbitration Petition is disposed of. ( S.J.KATHAWALLA, J. ) ssp 2/2