( 1 ) THE petitioner, a Company incorporated and based in Singapore has filed this petition under Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as `the Act only) against the respondent, a Russian State owned Company seeking injunction against the respondent from collecting from Government of India the price of the two helicopters supplied by it without setting apart a sum of Rs. 28. 8 crores being commission to the petitioner at the rate of 16% of the price. Prayers have also been made for injuncting the Government of India from making full payment of the two helicopters to the respondent and also from restraining the respondent from delivering the helicopters to the Government of India. It is also prayed that a Receiver be appointed to collect on behalf of the petitioner the aforesaid commission from the Government of India which is claimed by the petitioner for services rendered to the respondent in regard to the supply of helicopters to the Government of India.

( 2 ) THE facts relevant for the disposal of this petition, briefly stated, are that according to the petitioner, it is in the business of acting as Agent of various foreign Companies for negotiating and concluding contracts on their behalf. The Company known as "m/s. Russian Technologies" was a Russian Public Sector Company which merged with a Company known as "fsue Promexport" in September, 2000 and subsequently the said "fsue Promexport" merged with the respondent/company. All the three Companies have been/are wholly owned by the Government of Russia. The respondent has its office at Moscow. According to the petitioner, in 1999-2000, M/s. Russian Technologies approached the petitioner for procuring orders in India for supply of helicopters to Border Security Force, Ministry of Home Affairs. The petitioner agreed to act as an agent of the Company and thereafter started approaching the Ministry of Home Affairs, Government of India, so as to ensure that the orders for the supply of the helicopters manufactured by M/s. Kazan Helicopters Ltd. , of Soviet Republic were placed on M/s. Russian Technologies. Various meetings were held and ultimately in terms of the contract between the petitioner and M/s. Russian Technologies, the Ministry of Home Affairs, Government of India agreed to purchase six helicopters from M/s. Russian Technologies for a total sum of Rs. 180 crores. According to the petitioner, a Memorandum of Understanding was signed in March, 2000 and a Letter of Credit was opened in June, 2003. The petitioner alleged that the said contract was a result of the petitioner s efforts at the instance of M/s. Russian Technologies which subsequently merged with the respondent and as such the respondent cannot deny commission to the petitioner. The manufacturers M/s. Kazan Helicopters Ltd. , informed the petitioner that they had issued instructions to the respondent to release commission due to the petitioner but in spite of it, vide communication dated 23rd December, 2002, the respondent has disputed that commission is due to the petitioner from them. In the Agency Agreement dated 14th April, 2000, there was an Arbitration Clause, according to which the disputes between the principal and agent were to be referred to the Arbitration Court under the Chamber of Commerce and Trade of Russian Federation and as such the present petition under Section 9 for the aforesaid injunctions/restraints to secure the amount due to the petitioner towards commission.

( 3 ) THE respondent in its reply has denied and disputed the petitioner s right to any injunction/relief on various grounds, inter alia, that there never existed any contract between the petitioner and respondent; that the respondent never appointed the petitioner as agent and never had any dealings with it; that M/s. Russian Technologies was an independent entity which ceased its activities after 30th June, 2001; that the sale of helicopters by respondent to Government