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2020 Supreme(Bom) 592

S.J.KATHAWALLA
Quick Heal Technologies Limited – Appellant
Versus
Ncs Computech Private Limited – Respondent


Advocates Appeared:
Ashwin Shete, Aakanksha Agarwal, Harsh Moorjani, Anubhav Sinha, Sarthak S. Diwan, Akanksha Helaskar, for the Advocates

JUDGMENT

1. The above Arbitration Petition is fled by the Petitioner - Quick Heal Technologies Ltd. against NCS Computech Pvt. Ltd. (''Respondent No.1'') and Innovative Edge (''Respondent No.2''), for appointment of a Sole Arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 (''the Act''), to adjudicate the disputes and differences that have arisen between the parties relating to the Software Distribution Agreement dated 2nd April, 2011 (Exhibit A to the Petition).

2. According to the Petitioner, the facts in brief leading to the fling of the present Petition, are as under :

2.1 The Petitioner Company is engaged in the business of development and manufacture of anti-virus software under the brand name "Quick Heal", whose products are popularly known as "Quick Heal Range of Products". Respondent No.1 is a Private Limited Company and is carrying on the business of distribution of software products. Respondent No.2 is a Partnership Firm and the sister concern of Respondent No.1 Company.

2.2 In or around 2011, the Directors of Respondent No.1 and the Partners of Respondent No.2 approached the Petitioner and represented that they were desirous of selling and distr

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