LAVA INTERNATIONAL LTD. Vs. RALLY INFRA PVT. LTD

JUDGEMENT

(1.) The present petition has been under the provisions of Sec. 11 of the Arbitration and Conciliation Act, 1996 seeking appointment of Arbitrator for adjudication of disputes with respondent.

(2.) Petitioner, a limited company, claims to be engaged in the business of trading and manufacturing of mobile handsets and it has let out furniture, fixtures and assets lying in the premises of first floor and third floor B4, Sector 63, Noida, 201301 to the respondent by virtue of License Agreement dtd. 28/2/2019. The said License Agreement dtd. 28/2/2019 was initially for a period of 9 years commencing from 1/3/2019. However, during its subsistence, certain disputes arose between the parties and petitioner issued a Notice dated 11 .05.2021 to the respondent raising demand for clearance of outstanding dues, which was not replied by the respondent. Thereafter, petitioner claims to have issued another notice 6/8/2021 to the respondent invoking arbitration in terms of Clause- 28 of, however, it was also not replied to.

(3.) During the course of hearing, learned counsel for the petitioner submitted that since respondent failed to invoke arbitration within the time stipulated under the Act, therefore, the present petition has been filed before this Court seeking appointment of Arbitrator License Agreement dtd. 28/2/2019.