PHARMATREE CORPORATION Vs. RAJYA VOKKALIGARA SANGHA

JUDGEMENT

(1.) The appellant who is an applicant in an application filed under Sec. 9 of the Arbitration and Conciliation Act, 1996 (for short, "the said Act of 1996" ) has taken an exception to the order dtd. 23/1/2021 passed by the learned Judge of the Commercial Court.

(2.) With a view to appreciate the submissions made across the Bar, it will be necessary to make a reference to the facts of the case in brief.

(3.) In the application filed by the appellant under Sec. 9 of the said Act of 1996, a prayer was made for grant of temporary injunction restraining the respondent from terminating the agreement. On 5/12/2020, during the pendency of the said application under Sec. 9 of the said Act of 1996, a notice/order of termination was issued by the respondent terminating the said agreement with effect from 15/12/2020. Prior to that, there was a correspondence exchanged between the parties in which it is pointed out by the respondent that the appellant was in arrears of licence fee plus GST to extent of Rs.3,75,90,000.00.