PRATAAP SNACKS LTD Vs. ROYAL MARKETING

JUDGEMENT

(1.) The applicant has filed the present application under Sec. 11 (6) of Arbitration and Conciliation Act,1996 seeking appointment of Sole Arbitrator.

(2.) The applicant is company duly registered under the provision of Companies Act having its registered office at Indore. The non-applicant is a proprietor firm engaged in wholesale trading of snacks foods in the State of Telangana. A super-stockiest agreement dtd. 1/5/2017 was executed by which the applicant company appointed the non-applicant as nonexclusive distributer and stockiest of the product for sale in the territory of State of Telangana. The non-applicant purchased the material from December 2018 to February 2019 from the applicant company but did not make payment. A demand notice dtd. 26/12/2019 was issued to claim the unpaid invoices amount. Thereafter another notice was issued on 30/10/2021. There is Clause No.25 in the Super-Stockiest agreement dtd. 1/8/2014 relating to the resolution of dispute by way of discussion and thereafter under the Arbitration and Conciliation Act, 1996.

(3.) According to the applicant amount of Rs.5, 177,165.00 has not been paid by the non-applicant therefore applicant vide notice dtd. 30/10/2021 has suggested name of Shri Justice I.S. Shrivastav (Retd. Judge of this High Court) as sole Arbitrator. No response has been received from the respondent, hence, present application before this Court.