M/S MKASS FOOD AND LIQUOR LLP vs M/S NEO PALATES PRIVATE LIMITED

Judgment text excerpt

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 21.05.2026 + ARB.P. 664/2026 M/S MKASS FOOD AND LIQUOR LLP .....Petitioner Through: Mr. Neeraj Gupta and Mr. Rajat Asija, Advocates. versus M/S NEO PALATES PRIVATE LIMITED .....Respondent Through: Mr. B.K. Singh, Advocate. CORAM: HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR % JUDGEMENT (ORAL) HARISH VAIDYANATHAN SHANKAR, J. 1. The present Petition has been filed under Section 11(5) and (6) of the Arbitration and Conciliation Act, 1996, [“the Act”], seeking the appointment of a Sole Arbitrator to adjudicate upon the disputes inter se the parties. 2. Material on record indicates that the parties entered into an Agreement, being Unit Franchise Agreement dated 19.10.2023, which contains the arbitration clause. The relevant arbitration clause, being Articles 31 and 32 read as under: “ ARTICLE 31 APPLICABLE AND GOVERNING LAW 1. This Agreement and the rights and obligations of the parties hereunder shall be construed and interpreted in accordance with Signature Not Verified Digitally Signed By:HARVINDER KAUR ARB.P. 664/2026 Page 1 of 8 BHATIA Signing Date:23.05.2026 11:36:34 Indian substantive and Procedural Law applicable to Agreements made and to be performed entirely therein. Arbitration: All disputes and differences arising between the parties hereto as also between the Franchisor and the Franchisee, including any dispute or difference in regard to the interpretation of any provision of term or the meaning thereof, or in regard to any claim of one party against the other or in regard to the rights and obligations of any party of parties under this Agreement shall be governed by the provisions of the Arbitration and Conciliation Act 1996. The Franchisor will be the sole authority to name the Arbitrator. The