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2021 Supreme(Del) 1317

SURESH KUMAR KAIT
Jagran Prakashan Limited – Appellant
Versus
3Y3 Digital Labs Private Limited – Respondent


Advocates appeared:
Nihit Dalmia, Advocate, Abhishek Mishra, Advocate

JUDGMENT

Suresh Kumar Kait, J. - The present petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeking appointment of sole arbitrator to adjudicate the disputes with the respondent.

2. Petitioner-company claims to be duly incorporated under the Companies Act, 1956 and involved in the business of News print and publication, Digital Marketing, Online Media, etc. on pan India basis. Petitioner entered into an advertising services agreement with respondent on 06.04.2018, according to which petitioner and respondent had to work jointly towards utilizing respondent’s real time monetization marketplace software (STACK) and respondent’s smart inventory creation program (AXT).

3. It is claimed in the present petition that in consideration to the agreement, petitioner was entitled to raise invoices upon respondent @ USD 0.663 per E CPM based on ad request generated on DFP (Double Click of Publisher). Accordingly, a total sum of USD 107,169.19 was to be paid by the respondent for the period 01.04.2018 to 30.01.2019 However, respondent paid only USD 44136.69 and the balance amount of USD 61681 or Rs.46,15,435/- is still due to the respondent.

4. Learned coun

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