HARI TELECOM Vs. MICROMAX INFORMATICS

JUDGEMENT

(1.) By way of present petition under Section 34 of Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the Act"), the petitioner has assailed award dated 16th July, 2012 passed by the learned sole Arbitrator, with a prayer to set-aside the same.0

(2.) Brief facts which led to the filing of present petition were as under:-

(3.) It is the case of the petitioner that he has taken the premises i.e. Shop No.6, Chand Bagh, Bhajanpura, Opposite Petrol Pump, Delhi-110094 on rent @ Rs.6,000/- per month for the purposes of running the ASC of the respondent-Company after employing three persons in the center. The petitioner was asked by one official of the respondent-company, namely, Mr.Kedar to commence the working of the ASC. It was submitted by the petitioner that more than 6 months were taken by the respondent to execute the Agreement of ASC. It was further submitted by the petitioner that on 31st December 2009, the Agreement of ASC was executed and after the execution of the Agreement, the petitioner has started working under the surveillance and supervision of the respondent-Company. It is submitted that vide email dated 3rd May 2010, the Agreement of ASC was terminated by the respondent-Company and on account of termination of the Agreement, the petitioner has suffered a loss of reputation besides suffering huge monetary loss. It was further submitted that under the terms of the Agreement, there is no provision for termination of the ASC and the termination of the ASC was illegal. It is submitted that the petitioner has claimed an amount of Rs.7 lac on account of present and future monetary loss, mental agony and harassment, exemplary fine due to the illegal act of the respondent-Company i.e. the termination of the ASC.