SUNRISE INDUSTRIES Vs. ROSHAN LAL AGGARWAL

JUDGEMENT

(1.) This Petition under Section 11 of the Arbitration & Conciliation Act, 1996 ('Act') seeks the appointment of an arbitrator to adjudicate disputes between the Petitioners and the Respondents arising out of an Agency Agreement dated 22 nd November 2008.

(2.) Petitioner No.1 is a partnership firm M/s Sunrise Industries. It is shown as being represented by its partners, Shri Raj Kumar Aggarwal and Shri Ravi Chander Aggarwal, Petitioners 2 and 3 respectively. Petitioner No. 4 is 'Shri Dharam Pal Gupta @ Shri Dharam Pal Aggarwal'. The case of the Petitioners is that the aforesaid Agency Agreement was first executed between the parties on 1 st April 2006 and was renewed on 22 nd November 2008. It contained an arbitration clause whereby "disputes arising between the parties referring to this agency agreement or vacating the premises or any other matters referred in this agreement shall be decided by arbitration."

(3.) The petition states that the Petitioners own property at Plot No. D-6, SMA, Cooperative Industrial Estate, G.T. Karnal Road, Delhi 110033 (hereafter 'the property in question'). It was allotted by the DDA to the Petitioner No.1 firm by a perpetual lease deed dated 10 th March 1978. It is stated that sheds were constructed on the property in question and were fitted with electrical connections and sanitary fittings. It is stated that the Respondents, i.e., M/s. Roshan Lal Aggarwal (HUF) (Respondent No.1) and M/s. Prekom Industries (Respondent No. 2) a proprietary concern of which Shri Roshan Lal Aggarwal is the sole proprietor, had been handed over part-possession of the sheds in the property in question admeasuring about 3000 sq. ft. on the ground floor by the said Agency Agreement dated 22 nd November 2008 for manufacturing steel fabrications. The Petitioners were appointed as the sole selling agent for selling all products manufactured in the premises. The price was to be fixed by the Respondents and the Petitioners were to get two per cent commission on the sale price of all goods sold by the Respondents. The Agreement was for the period from 22 nd November 2008 till 21 st March 2013.