AERO CLUB Vs. SOLAR CREATIONS PVT. LTD.

JUDGEMENT

(1.) By these two petitions filed under Section 34 of the Arbitration and Conciliation Act, 1996 (for short "the Arbitration Act"), the petitioner has impugned the arbitral award dated 14 th December 2015 along with partial final award dated 5 th June 2015 passed by the learned arbitrator allowing some of the claims made by the respondent. By consent of parties, both these petitions were heard together and are being disposed of by a common order.

(2.) The petitioner was the original respondent whereas the the respondent was the original claimant before the learned arbitrator. In this judgment, the parties are described as per their original status in the arbitration proceedings. Some of the relevant facts for the purpose of deciding these arbitration petitions are as under :-

(3.) The respondent was engaged in the business of designing, manufacturing, marketing, distribution and sale of garments, leather accessories and other related products. It was the case of the claimant that the claimant was entitled to shop nos.1 and 2, Linking Road, Khar (West), Mumbai- 400 056 and another shop at Senapati Bapat Marg, Lower Parel, Mumbai -400 013. By an Agreement entitled 'Agency Agreement' dated 20th May 2008, the respondent appointed the claimant as authorised agent of its products at Khar premises to establish and operate a Retail outlet and showroom in the said premises. The said agreement was for the term of 60 months ending on 20 th May 2013 on the terms and conditions recorded therein. (Hereinafter referred to as 'Khar Premises').