AMAZING RESEARCH LABORATORIES LTD. Vs. KRISHNA PHARMA

JUDGEMENT

(1.) The present petition under Sec. 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "Act, 1996") has been filed on behalf of the petitioner for setting aside the Award dtd. 19/11/2019 passed by the Sole Arbitrator.

(2.) The facts in brief are that the Claimant Company i.e., the petitioner herein, is engaged in the business of manufacturing and selling a large variety of pharmaceutical formulations in the form of Tablets, Capsules, Dry Syrups etc., and is carrying on the business of outsourcing and distribution of such products. The respondent, a proprietorship firm in which Mr. C.K. Velmurugan is a Proprietor, entered into a Distributor on Consignee Agency Basis Agreement dtd. 28/12/2007 with the validity of two years w.e.f. 1/4/2008 to 31/3/2010. The Agreement was renewed vide Agreement dtd. 1/4/2010 upto 31/3/2012.

(3.) The parties after about seven months of expiry of previous Agreement, entered into a fresh Distributor on Consignee Agency Basis Agreement dtd. 12/11/2012 for a period of three years which was renewed vide Agreement dtd. 22/5/2015 for another three years. The petitioner supplied pharmaceutical products which were sold in the market by the Respondent to the Distributors, Stockiest, Retailers from 1/4/2008 to 16/5/2016 under the written and verbal Orders of the respondent.