SELECTED MARBLE HOME Vs. ARUN KUMAR KAMAL KUMAR

JUDGEMENT

(1.) CS(OS) 647A/1998 was filed by the petitioners M/s Selected Marble Home, Shri Anil Kumar Jain and Shri Bhim Sain Jain under Sections 14 and 17 of the Arbitration Act, 1940 for the reliefs of filing of arbitral award dated 16th March, 1998 in this court and issuance of notice thereof to the parties. The arbitrator independently filed the award in this court and which was registered as and notice thereof issued to the parties. Thereafter was merely adjourned from time to time alongwith the CS(OS) 715A/1998. Upon notice of filing of the award being issued to the parties, two sets of objections came to be filed. IA.No.5421/1998 has been preferred under Sections 15, 16, 30 and 33 of the 1940 Act by the Respondents M/s Arun Kumar Kamal Kumar, Shri Arun Kumar Gupta and Shri Kamal Kumar Gupta. IA.No.5568/1998 also under Sections 15, 16, 30 and 33 of the Act was filed by M/s Nathu's Sweets, Bengali Market. The petitioners did not file any objections to the award and have supported the award. The petitioners in reply to the objections of M/s Nathu's Sweets pleaded that the said Nathu's Sweets was not a party to the arbitration proceedings and there was no award against them and they had no right to prefer objections; it was further contended that the position with respect to the said Nathu's Sweets had been clarified in the award. The record shows that none has been appearing for the said Nathu's Sweets in the present proceedings and none appeared to address arguments also. The petitioners also do not claim any relief against the said Nathu's Sweets under the award. The award is also not found against the said Nathu's Sweets. Nathu's Sweets are not impleaded as party even in CS(OS) 647A/998. IA.No.5568/1998 is thus dismissed. IA.No.5421/1998 of the respondents is for consideration.

(2.) The petitioner No.3 Shri Bhim Sain Jain, it may be recorded, died during the pendency of the proceedings before this court and vide order dated 29th November, 2007 his legal representatives were substituted.

(3.) The disputes arose out of two agreements both dated 27th August, 1990 containing an arbitration clause. In both the agreements the respective petitioner/s party thereto are described as the licensors and the respondents as the licensee. Under the said agreements the petitioners as licensors allowed use of their premises at 1/26-A, Lalitha Park, Vikas Mark, Laxmi Nagar, Delhi on commission basis to the respondents as licensee, for sale of goods under the trademark Nathu's Sweets. The said agreement records the relationship between the parties to have commenced w.e.f. 1st August, 1990. The respondents as licensee, inter alia, agreed to pay to the petitioners/licensors total commission under the two agreements, of 11% of the gross sales i.e., net of sales tax.