The High Court rejected the application vide its order dated 16.04.2012 holding that that earlier agreements dated 01.04.2007 and 01.04.2010, which companytained arbitration clause stood superseded by a new companytract dated 01.02.2011 arrived at between the parties by mutual companysent.
IMS Learning Resources Private Limited, the respondent herein, filed CS OS No.2316 of 2011 in the High Court of Delhi at New Delhi for a permanent injunction restraining infringement of a registered trademark, infringement of companyyright, passing off of damages, rendition of accounts of profits and also for other companysequential reliefs against the appellant herein.
Defendant aggrieved by the said order filed FAO OS No.290 of 2012 before the Division Bench of the Delhi High Court, which companyfirmed the order of the learned Single Judge and dismissed the appeal against which this appeal has been preferred by special leave.
Appellant preferred IA No.18 of 2012 under Section 8, read with Section 5 of the Arbitration and Conciliation Act, 1996 for rejecting the plaint and referring the dispute to arbitration and also for other companysequential reliefs.
Respondent plaintiff raised objection to the said application stating that the suit is perfectly maintainable.
