HOYA MEDICAL INDIA PVT. LTD. Vs. EVEREST VISION

JUDGEMENT

(1.) The present petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 [hereinafter, "the Act"] seeks appointment of a Sole Arbitrator for adjudication of the disputes that have arisen between the parties.

(2.) Briefly put, the parties entered into a Distributorship Agreement dated 1st May, 2018, wherein the Respondent agreed to purchase various products relating to medical services. Subsequently, a fresh Distributorship Agreement was executed on 15th November, 2019, which was effective retrospectively from 1st April, 2019. Later, two addendums were also executed, effective from 1st May, 2019 and 19th August, 2019 respectively. It is the case of the Petitioner that, in terms of the aforesaid agreements between the parties, several invoices raised by the Petitioner against supplies made, are outstanding. Petitioner also contends that besides the outstanding overdue amount of the invoices, the Respondent is also liable to pay interest thereon. The Petitioner invoked arbitration agreement vide letter dated 22nd July, 2020, in accordance with Clause/Article 14 of the Distributorship Agreement dated 15th November, 2019, and suggested the names of the Arbitrators, however, the Respondent disagreed with the said proposal. In this background, the Petitioner has sought appointment of a Sole Arbitrator.

(3.) The Court has heard the learned counsels for the parties. The Arbitration Agreement between the parties, contained in Clause 14 of the Distributorship Agreement dated 15th November, 2019, reads as under: -