ANIL ARORA Vs. GULATI RETAIL INDIA LTD

JUDGEMENT

(1.) THIS is a petition under Section 9 of Arbitration and Conciliation Act, 1996.

(2.) AS per the petition, the petitioner is a tenant and in possession of the premises bearing no.29 -B, Connaught Place, New Delhi, vide an Agreement of Tenancy dated 26.2.1973. In the month of June 2008 the respondent approached the petitioner and invited the petitioner to enter into a business arrangement to undertake the sale of apparel under the name and style of ,,PENNY Lane from the premises in question. The petitioner and respondent executed a Franchise Agreement dated 5.9.2008. The minimum guaranteed commission was fixed at Rs.1,65,60,000/ -. The Agreement was initially for a period of three years and the same could be extended by mutual consent of the parties. Respondent had admittedly handed over post -dated cheques to the petitioner, copies of which have been placed on record. Initially the minimum guaranteed commission was paid for a period of one year and thereafter since disputes and differences arose between the parties respondent stopped the payments of the cheque. Petitioner, in these circumstances, prays for following reliefs:

(3.) AFTER some hearing in the matter, both the parties are agreeable for Appointment of an Arbitrator. It is also prayed that a former Judge may be appointed as an Arbitrator to adjudicate upon all disputes and differences including claims and counter claims arising between the parties.