PREETI KABRA vs CL EDUCATE LTD.

Judgment text excerpt

34-ARBAP-202-2023 copy.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO. 202 OF 2023 Anuj Kabra and anr. … Applicants Digitally signed by SHRADDHA Vs SHRADDHA KAMLESH KAMLESH TALEKAR TALEKAR Date: 2025.06.24 CL Educate Ltd. 15:14:34 +0530 (Formerly Known As Career Launcher India Ltd.) .. Respondent WITH ARBITRATION APPLICATION NO. 203 OF 2023 Preeti Kabra … Applicant Vs CL Educate Ltd. .. Respondent Mr. Hrushi Narvekar a/w Shaheda Madraswala & Jenifer Mogrelia, i/b Vashi & Vashi, for Applicants. Mr. Sandeep Mohan Hirvadekar, for Respondent. CORAM : SOMASEKHAR SUNDARESAN, J. Date : June 17, 2025 Oral Judgement : Context and Factual Background: 1. These Applications have been filed under Section 11 of the Arbitration and Conciliation Act, 1996 (“ the Act”). The disputes and differences between the parties relate to a License Agreement dated August 25, 2016 by which certain premises were licensed for a period of 60 months from August 25, Page 1 of 14 June 17, 2025 Shraddha 34-ARBAP-202-2023 copy.docx 2016 to August 25, 2021. On the same date, a Hire Agreement was also executed for hire of furniture and fixtures contained in the aforesaid premises. The Hire Agreement does not have an arbitration clause, but the License Agreement has an arbitration clause. Learned Counsel for the parties have no objection to proceed to arbitration in respect of disputes and differences under both Agreements in reliance upon the arbitration agreement contained in the License Agreement. 2. Despite the consent of the parties to proceed to arbitration, the legal issue that emerges at this stage (as also framed by a Learned Single Judge of this Court on an earlier occasion) is whether the nature of the License Agreement being one of Le