CHL LIMITED vs M/S. RETAIL CONCEPTS AND DESIGNS AND ANR.

Judgment text excerpt

$~O-1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 1784/2024 Date of Decision: 01.04.2025 IN THE MATTER OF: CHL LIMITED .....Petitioner Through: Mr. Ravi Kant Chadha, Sr. Adv with Ms. Mansi Chadha, Adv. versus M/S. RETAIL CONCEPTS AND DESIGNS AND ANR. .....Respondents Through: Mr. Sameer Chandra, Mr. Wiqar Ahmed and Mr. Shubham Parashar, Advs. HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV JUDGEMENT PURUSHAINDRA KUMAR KAURAV, J. (ORAL) 1. The petitioner has filed the present petition for the following relief:- “(a) Appoint independent Sole Arbitrator for adjudicating the disputes that had arisen between the Petitioner and the Respondents in accordance with the terms of License Agreement.” 2. Learned counsel appearing for the petitioner submits that the respondents are in breach of the license agreement entered, by not paying the monthly license charges, which are fixed at Rs. 9875/- for the suit premises, i.e. Shop No.D-6, Shopping Arcade, Hotel The Surya, New Friends Colony, New Delhi. Signature Not Verified Signature Not Verified Digitally Signed By:PRIYA Digitally Signed Signing Date:04.04.2025 By:PURUSHAINDRA 16:31:23 KUMAR KAURAV 3. Learned counsel submits that clause No.42 of the license agreement provides for resolution of dispute(s) through an Arbitrator, who is to be appointed under the Arbitration and Conciliation Act. The Court has perused Clause 42 of the lease deed, which reads as under:- “That in case of any dispute/difference between the licensor and licensee with regard to any matter including interpretation of this document. The same be referred to the sole arbitration as per the Arbitration Act.” 4. Mr. Sameer Chandra, learned counsel appearing for the respondents, however, opposes the submissions and contends that one of the partners is not array