RAJESH KUMAR JAIN Vs. TATA TELESERVICES LTD

JUDGEMENT

(1.) The present petition has been filed by the petitioner under Sec. 11 of the Arbitration and Conciliation Act, 1996 seeking appointment of Arbitrator on terms mentioned in Clause-28 of the Business Partnership Agreement dtd. 18/4/2016 executed with respondents.

(2.) Petitioner claims to be proprietor of M/s Edge Technologies, is in the field of marketing of services and associated with the respondent- Tata Teleservices Ltd. for marketing its services & products on commission basis since the year 2009. Based upon business, an agreement dtd. 20/9/2012 was entered between petitioner and Tata Teleservices Ltd. which was further renewed on 18/4/2016. However, certain disputes arose between the parties with regard to some incentive programme in the year 2014-2015 and in respect thereof, petitioner had preferred a commercial suit bearing No. 39/2021. Thereafter, certain disputes with regard to payment of commission for the period between June 2018 till July 2020 also arose and despite various e-mail and communications, the same could not be resolved. So, petitioner had issued legal notice dtd. 11/9/2020 to the respondent for payment of due invoices, which was replied by the respondent vide reply dtd. 24/9/2020, however matter again could not be resolved. Thereafter, legal notice dtd. 7/10/2020 was sent by the petitioner to the respondent invoking arbitration in terms of Clause-28 of the Business Partnership Agreement dtd. 18/4/2016, however it was not replied to, hence, the present petition.

(3.) On 27/9/2021, parties were referred to Delhi High Court Mediation and Conciliation Centre for exploring possibility of settlement in this case. However, today this Court is informed that mediation did not prove fruitful.