HERANBA INDUSTRIES LIMITED Vs. HINDUSTAN INSECTICIDES LIMITED

JUDGEMENT

(1.) These objections have been filed under Section 34 of the Arbitration & Conciliation Act, 1996 (hereinafter, the Act ) challenging the award dated 13th January, 2010 passed by the learned sole Arbitrator.

(2.) In brief, the Petitioner i.e, M/s Herbanda Industries Ltd. (hereinafter, Petitioner ) is a manufacturer of various new generation pesticides and it entered into a marketing arrangement dated 11th February, 2004 with the Respondent i.e., M/s Hindustan Insecticides Limited (HIL) (hereinafter, Respondent ). By the said Agreement, it was agreed that the Respondent would market the products of the Petitioner for use of public health purposes in various State Governments and Central Government, local bodies etc. The Agreement was valid for a period of five years w.e.f. 11th February, 2004. This was an exclusive marketing arrangement by which the Petitioner had agreed to appoint the Respondent as a sole and exclusive marketing agent.

(3.) Subsequent to the said Agreement being entered into, a tender was called by M/s Rail India Technical Economic Service i.e, M/s RITES (hereinafter, RITES ) for supply of health insecticides. In order to support the Respondent s bid in the RITES tender, letter dated 9th February, 2004 was issued by the Petitioner that it would supply technical grade pesticides to the Respondents. Extract of the said letter is set out herein below: -