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2012 Supreme(Del) 1352

SANJAY KISHAN KAUL, RAJIV SHAKDHER
Media Asia – Appellant
Versus
Prasar Bharti – Respondent


Advocates appeared:
For the Appellant:Rahul Gupta, Pinnaky Addy, Shekhar Gupta & Pulkit Sachdeva, Advocates.
For the Respondents:Rajeev Sharma & Sahil Bhalaik, Advocates.

Judgment :

SANJAY KISHAN KAUL, J.

1. The respondent filed an application under section 11(6)(c) of the Arbitration and Conciliation Act, 1996 on the original side of this court which was registered as AA No.203/2000. The said application makes a reference to an agreement dated 13.01.1995 entered inter se the parties giving the appellant a status of accredited advertising agent w.e.f. 01.02.1995. It is also the say in the application that from January, 1995 to October, 1997, the appellants’ programme “Ek Se Bad Kar Ek’ was telecast on the National network of DD-1. The appellant failed to pay the bills raised by the respondent form time to time. As against the total billing amount of Rs.12,37,15,132/-, the appellant paid only a sum of Rs.11,14,73,075/- leaving an outstanding balance of amount of Rs.1,22,42,057/-, which has not been paid despite repeated request, including a legal notice. There was no response to the legal notice.

2. Disputes having arisen between the parties, by virtue of the agreement dated 13.01.1995 containing an arbitration clause, the matter was required to be referred to arbitration. The arbitration clause reads as under :-

“In the event of any question, dispu










































































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