PRICOL LIMITED vs JOHNSON CONTROLS ENTERPRISE

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2014 Supreme(SC) 891

RANJAN GOGOI
PRICOL LIMITED – Appellant
Versus
JOHNSON CONTROLS ENTERPRISE – Respondent

JUDGMENT

1. Appointment of an Arbitrator under the Joint Venture Agreement dated 26th December, 2011 (for short "the JVA") by and between the parties has been sought by means of the present application.

2. There is no dispute between the parties with regard to the existence of the JVA and/or with regard to the fact that disputes and differences over the respective rights and liabilities of the parties under the JVA have surfaced. The Arbitration clause under the JVA is in the following terms:

“ARTICLE 30
30.1	If any dispute arises between any of the Parties hereto during the subsistence or thereafter, in connection with the validity, interpretation, implementation or alleged material breach of any provision of this JVA or regarding any question, including the question as to whether the termination of this JVA by any Party hereto has been legitimate, the Parties hereto shall endeavour to settle such dispute amicably. The attempt to bring about an amicable settlement is considered to have failed as soon as one of the Parties hereto, afte

Click Here to Read the rest of this document

2014 Supreme(SC) 891

RANJAN GOGOIPRICOL LIMITED – AppellantVersusJOHNSON CONTROLS ENTERPRISE – Respondent

Cases Referred (2)

RANJAN GOGOI
PRICOL LIMITED – Appellant
Versus
JOHNSON CONTROLS ENTERPRISE – Respondent