APL CO. PTE. LTD. Vs. VARADARIYA EXPORTERS

JUDGEMENT

(1.) This Original Petition is filed under Section 47(1) read with Section 49 of the Arbitration and Conciliation Act, 1996 (for brevity, "the Act") to enforce the arbitration award dated 13.8.2014 passed in AAA Case#:50T 181 00542 03 by the American Arbitration Association, International Arbitration Tribunal and to execute the same as a decree.

(2.) 1. The brief facts of the case are as follows: The petitioner entered into a Service Contract bearing No.LA01/0104, dated 29.10.2001 with the respondent in Chennai and the contract period was from 6.11.2001 to 30.6.2002. As per the contract, the respondent was to provide to the petitioner Minimum Volume Commitment of 100 Forty Equivalent Units (for brevity, "FEUs") during the contract period.

(3.) Though this original petition was presented on 28.10.2004, it was re-presented only on 30.10.2006. Notice in this petition was ordered on 17.8.2007. As service on the respondent through Court and post could not be effected, paper publication was ordered. Despite the same, the respondent has not chosen to appear before this Court through its representative or counsel. Hence, the name of the respondent is printed in the cause list. Even today, there is no representation on behalf of the respondent.