UNITED MACHINERY & APPLIANCES Vs. GREAVES COTTON LIMITED

JUDGEMENT

(1.) The instant application is filed by the defendant under Ss. 5 and 8 of the Arbitration and Conciliation Act, 1996, seeking to refer the dispute between the parties to Arbitration in terms of Agreement dtd. 2/1/2007.

(2.) The plaintiff is a manufacturer of diesel generator sets (in short "DG sets") and also carries on allied businesses like assembling diesel generator sets, distribution of DG sets and sale of DG sets. The plaintiff's generator sets are sold under the trade mark and trade name "United Genset", which enjoys substantial goodwill and reputation in Eastern India.

(3.) The defendant is a manufacturer of diesel engines including diesel generator engines (hereinafter also referred to as "DG engines").