ANALYTICA INDIA PRIVET LIMITED Vs. IT SOURCE LLC

JUDGEMENT

(1.) THE petitioner is seeking for appointment of Arbitrator to resolve the dispute, which has arisen between the parties to the proceedings.

(2.) THE petitioner is a Private limited company incorporated under the provisions of Companies Act having its registered office at No. S-118, 6th Main Road, Annanagar, chennai, India. It is in the business of development of software design and support services. Respondent No. 1 is a company incorporated and existing under the Laws of United States having its registered office at no. 873, West Boulevard Hartford, CT 06015. The second respondent is the Chief Executive Officer of the first respondent company. The petitioner entered into written agreements executed on 1st April 2001 and 1st September 2002 with respondent No. 1 for providing certain software design and development and support services. Clause 15 of the said agreement deals with arbitration and further it is stated that the venue of Arbitration shall be Bangalore. Annexures-A and B are the two agreements entered into between the parties.

(3.) THE grievance of the petitioner is, for the services rendered by them, they were to receive payment from the respondents. However, the respondents have failed to pay the amount due for the services rendered. Therefore they made repeated reminders calling upon the respondents to make the payment. Last of such reminders was on 19. 8. 05 demanding the payment of US Dollars 426,203. 00 as per Annexure-F. When the payment was not forthcoming the petitioner got issued a legal notice on 21. 9. 05 invoking the Arbitration clause and appointed an Advocate as their Arbitrator. The notices sent were returned unserved with endorsements "refused". Therefore the petitioner was constrained to file this petition under section 11 (5) of the arbitration and Conciliation Act, 1996 for appointment of an arbitrator. The respondents are duly served. However, the respondents have remained absent.