PIGMENTS & ALLIEDS Vs. CARBOLINE (INDIA) PRIVATE LIMITED

JUDGEMENT

(1.) By this application, filed under Sec. 11 of the Arbitration and Conciliation Act, 1996, the applicant seeks appointment of a Sole Arbitrator to adjudicate upon disputes between the applicant and the respondents under a Tripartite Agreement dtd. 6/2/2013. The application is opposed by the 1st respondent-Carboline. The 2nd respondent-Octamec had not appeared at the initial stages. Later, it was learnt that the 2 nd respondent is in liquidation and accordingly, the Official Liquidator of the 2nd respondent has been impleaded as respondent no. 2.

(2.) At the outset, it is to be noted that the original Tripartite Agreement dtd. 6/2/2013 is not presently available with any of the parties. When this matter was taken up for hearing, notice was issued to the Liquidator, calling upon the Liquidator to confirm whether he was in possession of the original agreement. The learned Company Prosecutor appearing on behalf of the Liquidator on 24/1/2022, on scrutiny of the record, has confirmed that the original agreement was not found in the records of the 2nd respondent-company.

(3.) As and way of background, the following facts are relevant.