DIVYANSHI SAXENA Vs. RAM SCHOOL

JUDGEMENT

(1.) This order shall dispose of petition under Section 9 of the Arbitration and Conciliation Act, 1996 by the petitioner seeking directions to the respondent not to give effect to the notice dated 19.11.2005 terminating the contract dated 19.6.2004 and restraining the respondent from dispossessing the petitioner from the shop situated in the school of the respondent.

(2.) The petitioner contended that she is the sole proprietor of the firm dealing in fabrication and supply of school uniforms since year 1999 and carry on business as M/s.D'Vinity Garments. It was averred that the proposal for supply of school uniforms was submitted by the petitioner which was examined by Shri V.K.Dua and Col.Chaudhary of respondent, as they were looking for a supplier for the supply of uniforms to respondent's various schools run under the name and style of "The Shri Ram School". A letter of intent was issued on 31.5.2004 and a detailed contract was signed on 19.6.2004 for a period of 24 months commencing from 1.9.2004 between the petitioner and the respondent incorporating the terms and conditions agreed between the parties.

(3.) The agreement between the parties after twenty four months would have terminated automatically if not renewed in writing at least 90 days prior to the date of expiry and could also be terminated by either party by giving 3 months notice in writing. The parties also agreed that in case of disputes or differences arising out of the agreement between the parties same was to be referred to the arbitration under the Arbitration and Conciliation Act, 1996 in accordance with the arbitration agreement between the parties.