RCCPL PVT.LTD. Vs. MAHARAJA AGENCY PVT. LTD.

JUDGEMENT

(1.) The Arbitration Application seek appointment of the sole Arbitrator in order to adjudicate the disputes that have arisen between the applicant company, engaged in the business of manufacturing and sale of cement in India and which had appointed the respondent as a Market Developer to market, promote and extend the sale of the goods on a non-exclusive basis and on the terms and conditions set out in the Agreement executed between them on 29/08/2018.

(2.) Since it is the case of the applicant that there was a failure on part of the Market Developer to make the necessary payments to the distinct suppliers, the company terminated the Agreement in the wake of the clause permitting it to do so. The applicant made a grievance that inspite of raising and submitting the invoices towards payment for the supplies, from time to time, the respondent illegitimately withheld payment of sum of Rs.2,16,30,125.00 for the reasons best known and thus, has failed to perform the obligations stipulated in the Agreement.

(3.) By notice dtd. 27/11/2020, the applicant invoked arbitration by setting out the dispute that had cropped up out of the Agreement and suggested the name of an Advocate as it's nominee Arbitrator and also requested the opposite party to appoint it's Arbitrator, since clause No.27 in the Agreement contemplated an arbitration through a panel of Arbitrators, two of them to be appointed by each of the party and the third one to be appointed by the two appointed Arbitrators.