TRINATH KHERA Vs. ADITYA BIRLA NUVO LTD

JUDGEMENT

(1.) THIS petition has been preferred under Section 11 of the Arbitration and Conciliation Act, 1996 to seek the appointment of any former judge of this Court as the sole arbitrator to adjudicate the disputes and differences which have arisen between the parties. The facts of the case are that the petitioner a sole proprietorship concern has been in the business of clothing accessories specializing in cuff links and neck ties sine the year 1982. The respondents are a well known Public Limited company having their offices at many places in India including Delhi and are engaged in the retail sale of garments and wearing accessories.

(2.) IT is averred in the petition, that in the year 2004, the respondents proposed to the petitioner to work together as licensor and licensee in respect of "cuff links" for the respondent's brand known as "Peter England" and the trade mark licensed user agreement dated 03.01.2005 was executed between the parties. However, the "Peter England" project turned out to be a failure as some of the distributors of the respondents did not make payments against the goods supplied. Thus, the petitioner decided to terminate the said agreement by completing requirements on each side.

(3.) IT is submitted by the petitioners that though the formality of signing the agreement dated 10.08.2005 did not take place, yet it has been acted upon by the respondents in its spirits till December 2008 and clause 8 of the said agreement is the arbitration clause.