Application for Appointment of an Arbitrator
In the High Court at Calcutta Ordinary Original Civil Jurisdiction
In the matter of:
The Arbitration and Conciliation Act 1996
And
In the matter of:
An application under section 11(6) of
the said Act read with the scheme
framed by
the Hon'ble Chief Justice
of the High
Court at Calcutta by a
Notification
published in the Calcutta
Gazette of 25th
January 1997 for the
appointment of
Arbitrator
And
In the matter of:
Global Distributors Private Ltd., a
company registered under the Companies
Act 1956 and carrying on
business at
52 India Exchange
Place, Calcutta
700001 within
the said jurisdiction
Petitioner
versus
Ruma & Company, a company
registered
under the Companies
Act 1956 and
carrying on business
at 9 Old Court House
Street,
Calcutta 700 001 within the said
jurisdiction
Respondent
To
The Hon'ble Mr
..........
Chief Justice and His Companion Justices of the said Hon'ble Court
The humble petition of the Global
Distributors Private Ltd., the petitioner
above-named most respectfully
Sheweth:
1. Your petitioner is carrying on business as distributor of and dealer in
books, journals and allied publications.
2. The respondent is the publisher,
inter alia,
of a book
.......
on Computers.
3. By an agreement dated 15th September 1998, it was agreed by and
between the parties that the respondent would deliver to the petitioner
50,000 copies of each edition or re-print of the said book for distribution and
sale on a commission of 25% of the published price of the book.
4. The said agreement also contains an arbitration clause providing that
all disputes and
d
ifferences between the parties in relation to the said book
and/or the said agreement and the rights, duties and claims of the parties
would be referred to the arbitration of Mr. XY for decision in the arbitration
proceedings.
5. In respect of the sixth edition of the said book published in March
1999 the respondent delivered to your petitioner only 2,000 copies of the
said book which copies your petitioner has already sold and distributed
within two months and paid the last published price of the book less the
commission of your petitioner to the respondent for which the respondent has issued a receipt to your petitioner.
6. In breach of the said agreement the respondent failed to deliver the
balance copies of the said book to your petitioner on the plea that all copies
of the said book had been sold out within the first four months of its
publication.
7. Your petitioner claimed compensation by way of commission at 25% of
the published price of balance 48,000 copies of the said book not delivered
to your petitioner.
8. The claim of your petitioner against the respondent for breach of the
agreement is Rs. 15 lakhs. Your petitioner also claims interest at the
applicable rate of 18% per annum.
9. The respondent has not paid the claims of the petitioner in spite of
demand.
10.
Disputes and differences arose between the petitioner and the
respondent. Your petitioner by a letter dated
requested the
respondent to refer the disputes to a named Arbitrator for adjudication.
More than 30 days have elapsed but the respondent has not concurred in such an appointment.
11. Your petitioner by a letter requested the named Arbitrator to enter
into reference and commence the arbitration proceedings but no reply has been
received and more than 30 days
have elapsed.
12. A certified copy of the agreement containing the arbitration clause is
annexed hereto and marked "A". A copy of the letter addressed to the
respondent requesting to concur in referring the dispute to the arbitration
of the named Arbitrator is annexed hereto marked "B". A copy of the letter
requesting the named Arbitrator to enter into reference relating to the
disputes between the parties is annexed hereto marked "C".
13. Your petitioner's cause of action arose at 32 India Exchange
Place, Calcutta 700 001 and the respondent is carrying on business at the
aforesaid address at Calcutta both within the jurisdiction of this Hon'ble
Court.
14. The respondent has raised certain untenable defences. The
respondent has suggested that it would print the next edition of the said
book and deliver 48,000 copies of the same to your petitioner for distribution
and sale as promised in the said agreement.
15. In the facts and circumstances of this case, your petitioner states
that this Hon'ble Court will be pleased to take necessary measure for
securing the appointment of an Arbitrator.
16. As the said Arbitrator to be appointed will have to decide a
question mainly under the Indian Contract Act, no special knowledge or
technical knowledge will be required for the personnel to be appointed as
Arbitrator.
17. Your petitioner states that an Arbitrator be appointed as prayed for
herein with directions to enter into reference, complete the proceedings and
give the Award within the time that might be fixed.
18. Unless orders are made as prayed for your petitioner will suffer loss
and will be prejudiced.
19. This application is made
bona fide
and in the interest of justice.
20. Your petitioner, therefore, humbly prays Your Lordships
for the following orders:
(a) An Arbitrator be appointed with directions to enter
into reference, complete the proceedings and give
the Award within such time as this Hon'ble Court will be pleased to determine;
(b) Further Orders be made and directions be given as
to this Hon'ble Court may deem fit and proper.
And your petitioner as in duty bound shall ever pray.
Signature of the Advocate
for the petitioner
Signature
Verification
I,
..............
son of
.......................
aged about
...........
years by occupation service, working for gain
at 32 India Exchange Place, Calcutta 700 001 do hereby solemnly affirm
and say as follows:
I am the Manager of Global Distributors Private Ltd., and its
Principal Officer and Constituted Attorney. I know and I have
made myself acquainted with the facts and circumstances of this
case and I am able to depose thereto. I am authorised and
competent to verify and I do verify this aforesaid petition on behalf
of the Global Distributors Private Ltd.
The statements in paragraphs 1 to 19 hereinabove are true to
my knowledge based on information derived from the records
maintained by the petitioner Global Distributors Private Ltd.
and believed by me to be true.
Solemnly affirmed by the said Mr
................
pursuant to
a Board Resolution dated
.......
of Global Distributors Private Ltd.
in the Court House at Calcutta on the 5th day of December 1999.