SANKHYA INFOTECH LIMITED Vs. REDINGTON (INDIA) LTD

JUDGEMENT

(1.) Aggrieved over the award dated 11.09.2018 of the learned single Arbitrator this Petition has been filed.

(2.) The brief facts leading to file this petition is as follows:

(3.) It is the contention of the Respondent that the Tribunal has no jurisdiction in view of the fact the there is no agreement. It is his further contention that there is no agreeement between the parties containing the arbitration clause. It is also contended that the Respondent along with IBM become successful bidder for the SBI e learning project and initially the IBM made the respondent as a Tier-I partner to buy directly IBM equipments and sell to the end customers. However, later on, that system was suspended by the IBM which asked the Respondent to use the partner distributor route. When the SBI issued a formal purchase order, the IBM and Respondent were bound by the teaming agreement which includes the payment terms. Further, for the purpose of placing the order for Hardwares, it is only the IBM which introduced the claimant to the Respondent and the Respondent has never itself approached the claimant.