CINEMAX INDIA LTD Vs. COLLAGE ESTATES PVT LTD

JUDGEMENT

(1.) In this petition filed under Section 11(6) of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as 'the Act'), a limited relief is sought. The parties had entered into a Memorandum of Understanding (MOU) dated 23.07.2006, as per which the respondent had offered a dedicated space of approximately 35000 sq. feet covered area equivalent to 43750 sq. feet of super area to the applicant for running a 6 screen cinema in the Commercial Complex to be developed by the respondent at village Paragpur, G.T.Road, Jalandhar (Punjab). Some disputes have arisen out of this MOU. The said MOU contains an arbitration agreement.

(2.) In view of the disputes, as per the arbitration agreement, both the parties have nominated their respective Arbitrators. However, they have not been able to agree upon the Presiding Arbitrator and therefore, for the appointment of the Presiding Arbitrator, the present application is filed.

(3.) Learned counsel for the both the parties are agreed that some retired judicial officer from Jalandhar be appointed as Presiding Officer as the arbitration proceedings are to be conducted there.