SHIVA AND CO. Vs. IMPETUS TECHNOLOGIES

JUDGEMENT

(1.) THIS is a petition filed by the petitioner seeking appointment of an Arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996.

(2.) BRIEFLY stated the facts of the case are that the petitioner is dealing in the business of out sourcing and marketing including tele -marketing and customer supports of its clients worldwide. The (signature) Ram Prakash Pandey 3/30/2009 12:34:44 PM (Signer's identity unknown) Signed by Ram Prakash Pandey Time: 2009.03.30 12:24:21 +05'30' Reason: Location: respondent approached the petitioner with an intention to utilize the services of the petitioner for generating leads and the parties pursuant to negotiations held between them entered into a Call Centre Services Agreement on 12.10.2006 whereby the respondent agreed to take the services of the petitioner on the terms and conditions contained in the said agreement. The said Call Centre Services Agreement contained an arbitration clause being Clause 18 for resolution of disputes between the parties under the Agreement. Clause 18 contained in the Agreement is extracted below:

(3.) MR . Bhatia, learned Counsel appearing on behalf of the respondent has opposed appointment of arbitrator on two grounds, one according to him, the Call Centre Services Agreement dated 12.10.2006 contains certain interpolations due to which the entire agreement is vitiated and for that reason the arbitration clause contained in the said contract cannot be given effect to. The other argument advanced by Mr. Bhatia is that since the respondent has made the entire payment due to the petitioner under the contract, no arbitrable dispute is left which need to be decided by the Arbitrator in terms of the arbitration agreement contained in the Call Centre Services Agreement dated 12.10.2006 referred hereinabove.