J.JAGANNADHA RAO
Malaysian Airlines Systems Bhd – Appellant
Versus
Stic Travels Private LTD. – Respondent
JUDGMENT
M. Jagannadha Rao, J.-This is an application under Section 11(5) of the Arbitration and Conciliation Act, 1996 and relates to a dispute under an agreement between a foreign company and an Indian company. The application is filed by the foreign company against the Indian company seeking reference of the disputes to an arbitrator. The learned Chief Justice of India has nominated me to deal with the application.
2. The claim of the petitioner is that the respondent company is liable to pay the petitioner a sum of Rs. 96,21,137/- with interest at 24% with quarterly rests w.e.f. 1.5.99 besides other amounts.
3. The facts set out in the petition by the petitioner as follows: The petitioner company has its Principal place of business at Kaulalumpur, Malaysia. It has an office at New Delhi and it is carrying on business of air-transportation, operation of air flights in and from India under a bilateral agreement between Malaysia and India. It is stated that its Senior Vice President, South Asian Region, Mr. Noor Amiruddin holds a general power of attorney to act for and on behalf of the petitioner and that the said person is the Principal Officer of the petitioner company in India.
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