Arb. Case No. 63 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Arb. Case No. 63 of 2010 Date of decision: 27.7.2011 M/s Impresario Entertainment and Hospitality Pvt.Ltd. …..petitioner Vs. M/s Saffaron Tree Beverages Proprietorship ........respondent CORAM: HON’BLE MR. JUSTICE HEMANT GUPTA Present: Mr. Anil Sharma, Advocate for Mr. Amit Jhanji, Advocate for the petitioner Hemant Gupta, J. Present is the petition for appointment of the Arbitrator in respect of the dispute between the parties out of a Franchisee Agreement dated 19.10.2006 (Annexure P-5). Vide the aforesaid Agreement, the petitioner granted the permission to the respondent-herein to act as a franchisee of the petitioner as per the detailed terms and conditions of the said agreement. The said agreement has an Arbitration Clause which reads as under: - 21. Dispute Resolution All disputes and differences arising between the parties hereto in respect of in connection with or arising from this agreement shall be referred to arbitration of a sole arbitrator under the provisions of the Arbitration and Conciliation Act, 1996 or any statutory modification or enactment thereof for the time being in force. The said arbitration shall be held on Mumbai. It is the case of the petitioner that the respondent failed to make Arb. Case No. 63 of 2010 -2- the payment of the franchisee fee which led to termination of the agreement on 1.9.2008 (Annexure P-11). It was on 7.12.2009 (Annexure P-19), the petitioner nominated Sh. M.P.Rao, Advocate, Mumbai as the Arbitrator but the said notice came un-delievered. It is also pointed out that the petitioner has invoked the jurisdiction of the Civil Court for grant of ad interim injunction under Section 9 of the Arbitration and Conciliation Act, 1996 and the Civil Court has granted the injunction in favour of the petitioner vide the order dated 1.6.2009. From the reading of the petition, it transpires that there are dispute between the parties arising out of the aforesaid agreement and in terms of the Arbitration Clause mentioned above, the same are required to be adjudicated upon by an Arbitrator. In view of the said fact, Hon'ble Mr. Justice V.P.Tipnis, former Judge of the Bombay High Court resident of 201-A, Prachi Behind HDFC Bank, Juhu-Versova Link Road, Andheri West, Mumbai-400053 is appointed as an Arbitrator to resolve the disputes between the parties arising out of the aforesaid agreement. Petition is disposed of accordingly. [HEMANT GUPTA] JUDGE 27th July, 2011 preeti