Prime Interglobe Private Limited vs Super Milk Products Private Limited on 19 May, 2022

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Delhi High Court - Orders

Prime Interglobe Private Limited vs Super Milk Products Private Limited on 19 May, 2022

Bench: Prateek Jalan

                    $~39
                    *    IN THE HIGH COURT OF DELHI AT NEW DELHI

                    +           ARB.P. 608/2022

                                PRIME INTERGLOBE PRIVATE LIMITED          ..... Petitioner
                                             Through: Mr. Sameer Jain, Mr. Suvigya
                                                      Awasthy, Mr. Himesh Thakur and
                                                      Mr. Vivek Joshi, Advocates.

                                                           versus

                                SUPER MILK PRODUCTS PRIVATE LIMITED ..... Respondent
                                             Through: Mr. Aseem Chaturvedi and Mr.
                                                      Shivank Diddi, Advocates.

                    CORAM:
                    HON'BLE MR. JUSTICE PRATEEK JALAN

                                            ORDER

% 19.05.2022 I.A. 7885/2022 (for exemption) Exemption allowed, subject to all just exceptions. This application stands disposed of.

ARB.P. 608/2022

1. By way of this petition, the petitioner seeks appointment of an arbitrator to adjudicate its claims arising under a Master Franchise Agreement dated 03.10.2016 between the parties.

2. Mr. Sameer Jain, learned counsel for the petitioner, submits that certain claims of the respondent herein are being adjudicated by way of an arbitration, which is already in progress. The petitioner filed an application in the said arbitration seeking permission to file counter claims which was rejected by the learned Arbitrator vide order dated Signature Not Verified Digitally signed By:SHITU NAGPAL Signing Date:20.05.2022 13:27:53 ARB.P. 608/2022 Page 1 of 2 14.03.2022. The petitioner has, therefore, sought to initiate independent arbitration proceedings by a letter dated 09.04.2022, addressed by its counsel to the respondent. The respondent has declined to consent to the appointment of an arbitrator by its counsel's response dated 09.05.2022.

3. Issue notice. Mr. Aseem Chaturvedi, learned counsel, accepts notice on behalf of the respondent. He seeks three weeks' time to file a reply to the petition. Rejoinder thereto, if any, be filed within one week thereafter.

4. List on 18.07.2022.

PRATEEK JALAN, J MAY 19, 2022 'vp'/ Click here to check corrigendum, if any Signature Not Verified Digitally signed By:SHITU NAGPAL Signing Date:20.05.2022 13:27:53 ARB.P. 608/2022 Page 2 of 2

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Delhi High Court - Orders