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Issues involved: Reference to arbitration u/s 8 of the Arbitration and Conciliation Act, 1996; Dispute resolution clause in lease agreement; Change of name of defendant no.2 to defendant no.1.
Reference to arbitration u/s 8 of the Arbitration and Conciliation Act, 1996: The Plaintiff filed a case against Defendant nos. 1 and 2, with Defendant no.3 being mentioned as having no concern with the dispute. It was highlighted that Defendant no.3 is a company incorporated in the United States, and Defendant no.1 is its subsidiary. The lease agreement between the parties stipulated that any disputes shall be resolved through arbitration by a single arbitrator. The court directed the parties to appear before the Arbitrator appointed by Delhi High Court Arbitration and Conciliation Centre on a specified date. Dispute resolution clause in lease agreement: The lease agreement submitted by the Plaintiff contained a clause stating that any disputes between the parties regarding the lease shall be resolved through arbitration. Based on this agreement, the court found that the matter needed to be referred to arbitration, in accordance with the agreed position between the parties. Consequently, the parties were directed to appear before the appointed Arbitrator on a specific date and time. Change of name of defendant no.2 to defendant no.1: It was noted that the name of Defendant no.2 had been changed to Defendant no.1, specifically to M/s.Simplot India Foods Pvt. Ltd. A fresh certificate of incorporation reflecting this name change was presented by the counsel for Defendant nos. 1 and 2. The suit and application were disposed of due to the reference of the dispute to arbitration, and a Dasti order was issued in this regard.
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