RUMA PAL, MAHEMMAD HABEEB SHAMS ANSARI
MODI KOREA TELECOMMUNICATON LTD – Appellant
Versus
APPCON CONSULTANTS PVT. LTD – Respondent
( 1 ) THIS appeal involves the question of the jurisdiction of a single judge, who has been given the determination to hear and dispose of arbitration matters, to entertain applications under section 11 of the Arbitration and Conciliation Act, 1996 (hereafter referred to as the Act.)
( 2 ) THE facts giving rise to the question are briefly stated. The respondent does the business of rendering radio paging services. It procures pagers from the manufactures and appoints distributors to sell or lease the pager units to the consumers. According to the appellant the respondent was one such distributor and that in terms of the agreements between the resondent and the appellant, the respondent was to pay lease rent to the appellant. It is the appellant's case that lease rent of several lakhs of rupees fell due and payable by the respondent to the appellant.
( 3 ) IN September 1996 the respondent filed a suit against the appellant in (T. S. No. 361 of 1996) before the Second Munsiff at Alipore praying for cancellation of the lease agreements between the respondent and the appellant.
( 4 ) THERE is an arbitration clause in the agreement between the appellant and the respondent.
REFERRED TO : Union of India v. Mohindra Supply Co.
Union of India v. K. Satyanarayan and Co.
Tobu Enterprise Pvt. Ltd. v. Campco Industris Ltd.
Vanita M. Khanolkar v. Pragna M. Pai
Delhi Development Authority v. Alkaram
Shah Babulal Khimji v. Jayaben D. Kania and Anr.
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