CICO TECHNOLOGIES LTD Vs. M/S SHRIRAM ENTERPRISES

JUDGEMENT

(1.) BY this order, I propose to decide the two petitions filed by the petitioner, CICO Technologies Ltd.; the first one is under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ,,the Act) being Arb.P.No.342/2012 for appointment of sole Arbitrator, and second petition is under Section 9 of the Act (being OMP No.786/2012) seeking interim orders. I have heard the arguments in both the petitions, addressed by the learned counsel for the parties. Since the facts in both the matters are common, thus, the same are being disposed of with single order.

(2.) THE petitioner and respondent No.1, M/s Shriram Enterprises, which is a Partnership Firm, entered into a Distributorship Agreement dated 5th November, 2009 for the supply of ,,Water Proofing Chemicals. As per the agreement, the respondents would submit purchase orders, which would be acted upon by the petitioner and goods would be supplied. A transport slip and a purchase order would be accompanied with each transaction. The agreement was signed in New Delhi; the petitioner has its registered office in New Delhi and the respondents also carry out their work in New Delhi itself.

(3.) AFTER their refusal, the petitioner first filed the OMP No.786/2012 under Section 9 of the Act which was listed before the Court first time on 29th August, 2012 and the Court passed the interim order against respondents to 1 to 3 restraining them from selling, alienating, transferring, creating any third party right/claim/interest in any manner whatsoever, in respect of the following properties:-