HIGH END Vs. MANAV GANGWANI

JUDGEMENT

(1.) The present petition has been filed by the petitioner under Section 34 of the Arbitration and Conciliation Act, 1996, praying that the arbitration award dated 24.11.2010 passed by respondent No.2 be set aside.

(2.) Brief facts of the case are that by order dated 09.10.2007 this court had appointed the respondent No.2 as the Sole Arbitrator in Arbitration Petition No.123 of 2007 titled Manav Gangwani vs. M/s High End and directed that the arbitration proceedings be commenced only after 01.12.2007 so that any settlement if possible may be facilitated. In compliance of the order dated 09.10.2007 the respondent No.2 sent the notice dated 13.03.2008 to the parties through their counsels for 27.03.2008. The parties to the present petition appeared before the arbitrator/respondent No.2, the statement of claim and the counter claim, reply and rejoinder etc. were filed, various documents were produced and oral evidence was also adduced. The petitioner examined four witnesses namely Mr. Hemant Bhasin, attorney of the petitioner, Mr. Anil Sharma, charted accountant, Ms. Poonam Khullar and Mr. K.K. Khandelwal, a hand-writing expert whereas the respondent examined himself as a witness.

(3.) In his statement of claim the respondent No.1 pleaded that he is a leading fashion designer in India and that the petitioner is an entrepreneur and exporter in home furnishings and that in December 2005 the petitioner approached the respondent No.1 asking for an exclusive license in India to display and use his name under the name and style of "Home Couture by Manav Ganagwani", in respect of development and marketing of the business of home furnishings and home accessories. And that after discussing the terms and conditions the agreement dated 07.02.2006 was entered into between the parties.