Lords Inn Hotels and Resorts Pvt Ltd vs Pushpam Resorts LLP

Judgment text excerpt

CARBP-14-2025==.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Digitally signed by SHRADDHA SHRADDHA KAMLESH IN ITS COMMERCIAL DIVISION KAMLESH TALEKAR TALEKAR Date: 2025.02.11 21:13:35 COMM. ARBITRATION PETITION NO. 14 OF 2025 +0530 (Under Sec. 9 of A & C Act, 1996) WITH COMM. ARBITRATION APPLICATION (LODG.) NO. 1005 OF 2024 (Under Sec. 11 of A & C Act, 1996) Lords Inn Hotels and Resorts (Formerly known as Lords Inn Hotels and Developers Pvt. Ltd.) ...Petitioner/Applicant Versus Pushpam Resorts LLP and 3 Ors. ...Respondents Mr. Mayur Khandeparker a/w. Aman Kacheria, Rishabh Dhanuka, Ms. Anisha Didwania and Ms. Mahima Shah i/b. Agarwal and Dhanuka Legal, for Petitioner/Applicant. Mr. Siddhesh Bhole a/w. Mr. Yakshay Chheda, Ms. Praharshi Saxsena, Mr. Approva Kulkarni i/b. SSB Legal & Advisory for Respondent No.1. CORAM : SOMASEKHAR SUNDARESAN, J. Reserved on : January 16, 2025 Pronounced on : February 11, 2025 JUDGEMENT : Context and Background: 1. Whether an arbitration agreement between the parties is at all in existence, is the vexed question that falls for consideration in these proceedings under the Arbitration and Conciliation Act, 1996 (“Arbitration Act”). Page 1 of 28 February 11, 2025 Shraddha CARBP-14-2025==.doc 2. A Hotel Franchisee and Management Agreement dated February 10, 2021 (“Resort Management Agreement”) was executed between the Petitioner-Applicant, Lords Inn Hotels and Developers Private Ltd. (“ Lords Inn”) and Respondent No. 1, Pushpam Resorts LLP (“ Pushpam”). Respondent Nos. 2 to 4 are partners of Pushpam. 3. Pushpam built a resort on land owned by it at Karjat (“ Resort”). Under the Resort Management Agreement, Lords Inn was contracted to operate and manage the Resort. 4. Disputes and differences arose between