GAUR DISTRIBUTORS Vs. HATHWAY CABLE & DATACOM LTD

JUDGEMENT

(1.) The petitioner has filed the abovementioned petition under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the "Act") seeking for the appointment of an Arbitrator.

(2.) The brief facts of the case as per the petitioner are that the petitioner executed an agreement with the respondent on 23rd November, 2011 and the said agreement was executed at Delhi office at AB-6, Safdarjung Enclave, New Delhi.

(3.) The petitioner on 15th January, 2013 sent a letter to the respondent that it had invested huge amount, however, outstanding amount from September, 2012 was not released to the petitioner. It is stated that the respondent without serving any notice to show cause locked every prime channel from 24th January, 2013 to 2nd February, 2013, though on 28th January, 2013 there was an engagement function of the son of the petitioner and 1000 persons assembled at the office of the petitioner and started causing nuisance and used filthy languages against the petitioner and the family, due to which the image of the petitioner was tarnished who also suffered huge loss. Thereafter, the petitioner wrote a letter to the respondent on 24th January, 2013 but there was no response. Various reminders were issued but disputes could not be resolved except a letter was received for adjusting the cost of boxes, which was purchased at Rs.500/- per box, but the respondent started adjusting the cost of the boxes at Rs.799/- per box, which was objected and it was also intimated that the payment has not been adjusted from February 2012, till 26th July, 2013 and the petitioner is also entitled for the penal interest on the said amount. The counsel for the petitioner submits that more than Rs. 1 crore is due from the respondent. Therefore, the petitioner has rightly invoked the arbitration.