LAWS(DLH)-2021-9-28

AUGMONT GOLD PVT. LTD. Vs. ONE97 COMMUNICATION LIMITED

Decided On September 27, 2021
Augmont Gold Pvt. Ltd. Appellant
V/S
One97 Communication Limited Respondents

JUDGEMENT

(1.) The appellant impugns order dtd. 24/1/2021, passed by the learned Arbitral Tribunal in Arb. P. 303/2019.

(2.) For the sake of convenience, the appellant and respondent are referred to as "Augmont" and "One97", respectively.

(3.) The dispute arises out of an agreement, dtd. 1/8/2018, between Augmont and One97. Vide Clause 2.1 of the agreement, One97 undertook, against consideration, to host a Gold Accumulation Plan (GAP) of Augmont, over the Paytm platform owned and managed by One97. The manner in which transactions were effected, under the agreement, is perhaps best represented by the following process charts, provided with the agreement, of which Chart 1 sets out the manner in which the customer could purchase digital gold, Chart 2 sets out the manner in which the customer could redeem the gold and Chart 3 sets out the manner in which the customer could sell back the gold to Augmont, which may be reproduced thus: