Campbell Restaurant Pvt. Ltd vs Aria Hotels And Consultancy Services Pvt. Ltd.

C. Hari Shankar, J

After some arguments, these petitions are disposed of, by consent between learned counsel for the parties, in the following terms:

(i) This Court appoints Hon’ble Mr. Justice G.S. Sistani, a retired Judge of this Court, whose name was suggested, ad idem, by learned counsel for

both parties, as the arbitrator, to arbitrate on the disputes between the petitioner and the respondent. The fees of the learned arbitrator would be

settled by the learned arbitrator in consultation with the parties.

(ii) All disputes between the parties are permitted to be referred to the learned arbitrator, whether in the nature of claims or counterclaims. The

learned arbitrator would furnish the requisite disclosure under Section 12(2) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to

“the 1996 Actâ€​), within a period of one week of entering on the reference. The contact details of the learned arbitrator are as under:

AB-85, Shahjahan Road,

New Delhi-110011

Mobile No.9871300034

Email ID: sistanilaw@gmail.com

(iii) OMP (I) (COMM) 36/2021 and OMP (I) (COMM) 24/2021 shall be treated as applications under Section 17 of the 1996 Act and be decided by

the learned arbitrator in accordance with law, after giving adequate opportunity to both sides. For this purpose, the parties are directed to present

copies of the said petitions to the learned arbitrator, within one week of the learned arbitrator entering on the reference. Completion of pleadings on

the applications, if required, would abide by orders to be passed by the learned arbitrator in that regard.

(iv) Prayer (a) in OMP (I) (COMM) 24/2021 reads thus:

“a) Restrain the Respondent and/or its directors, employees, agents, servants etc. from entering or interfering in any manner or creating obstacle in

utilisation and/or use and occupation of the said premises by the Petitioner or any person/sub-licensee permitted by the Petitioner;â€​

Pending the decision of the learned arbitrator on the aforesaid two petitions, treating them as applications under Section 17 of the 1996 Act, there shall

be an ad interim direction in terms of prayer (a) in OMP (I) (COMM) 24/2021. This shall, however, remain subject to the outcome of the decision of

learned Arbitrator on the aforesaid two applications under Section 17 of the 1996 Act.

This Court makes it clear that though detailed arguments on merits were advanced before me by learned counsel for both sides, it does not express

any opinion on merits on one way or the other. The aforesaid directions have been issued by consent. All issues are open for consideration and

decision by the learned arbitrator in accordance with law.

All these petitions stand disposed of in the aforesaid terms.

Pending applications, in these petitions, do not, accordingly, survive for consideration by this Court and are therefore disposed of.