NAPIN IMPEX LIMITED Vs. ONGC PETRO ADDITIONS LIMITED

JUDGEMENT

(1.) 1 By preferring the present appeal under Sec. 37 of the Arbitration and Conciliation Act, 1996 read with Sec. 13 of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015, read with Sec. 96 of the Code of Civil Procedure, 1908, the appellants seek to quash and set aside the order dtd. 21/1/2021 passed by the Commercial Court 6th Additional District Judge, Vadodara, partially allowing the application of the respondent herein under Sec. 9 of the Arbitration and Conciliation Act, 1996.

(2.) Before hearing of this appeal, the parties filed the relevant pleadings and documents on record about the contents of which they were ad idem. The learned advocates for both the parties stated that no further pleadings were to be added or supplemented. They argued the appeal finally and with consent and request of the parties, the appeal was accordingly heard finally.

(3.) 1 Shorn off unnecessary details, it transpires that in the year 2015, the respondent-OPaL has appointed the present appellant as one of the Del Credre Agent. The relevant facts involved in the dispute are inter alia that the respondent herein is a company viz., ONGC Petro Additions Limited (OPaL), who has invited Consignment Stockiest Agent (for short, 'CSA') and Del Credre Agent (for short, 'DCA') for marketing and distribution of its product of polymer including poly-ethylene and poly-propylene manufactured by it and ultimately, two separate contracts were executed between the respondent-OPaL and the appellant No.1- Napin Impex Limited (for short 'Napin'), for a period of three years from 11/4/2017 to 10/4/2020 both companies are registered under Companies Act.