WINDLAS BIOTECH LTD Vs. DELIUS PHARMACEUTICALS PVT. LTD.

JUDGEMENT

(1.) This application has been preferred by the applicant under Sec. 11(6) of the Arbitration and Conciliation Act, 1996, to seek appointment of the sole Arbitrator to decide the disputes between the parties, as per Clause 16 of the Manufacturing Agreement dtd. 27/5/2022, since the disputes have arisen between the parties.

(2.) Under the said agreement, the applicant- Windlas Biotech Ltd. agreed to manufacture, for the respondents, certain medicinal preparations. The agreement provides for settlement of disputes through arbitration in Clause 16. The same provides that the disputes between the parties shall be settled through arbitration and the seat of arbitration shall be at Dehradun.

(3.) Disputes arose between the parties, and consequently, the applicant invoked the arbitration agreement vide notice dtd. 3/4/2023. Despite invocation of arbitration agreement, the parties have not been able to appoint an Arbitrator, and consequently, this arbitration application was preferred.