PRABHAKAR JEYAPATHY Vs. AKSHAYA PVT. LTD.

JUDGEMENT

(1.) The challenge in this petition under Sec. 34 of the Arbitration and Conciliation Act, 1996 ('Act') is to an Award dated 4th Aug., 2012 passed by the sole Arbitrator in the disputes between the Petitioner and the Respondent in relation to the use of the domain name akshaya.in .

(2.) The background facts are that the Petitioner is a software professional working as a Consultant to a Financial Institution in the United States of America since 1993. The Respondent Akshaya Private Limited is a builder involved in construction business. The Petitioner claims to have approached Goodluck Domains for registration of domain name Akshaya for the purposes of setting up a family portal for the benefit of his family living in Coimbatore and in other parts of India and abroad.

(3.) The Petitioner states that on 5th April, 2009, he was approached by a Web Designing Company from Chennai with an interest of buying the domain name akshaya.in and that they were approaching him on behalf of the Respondent. He then informed the said web designing company that he had no interest in selling the said domain name. The Petitioner further states that on 9th Sept., 2011, he was made a similar offer, which he again refused.