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2023 Supreme(Del) 484

NEENA BANSAL KRISHNA
AMAZING RESEARCH LABORATORIES LTD. – Appellant
Versus
KRISHNA PHARMA – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Siddharth Aggarwal.
For the Respondent: A. Selvin Raja, Nikita Kumari.

JUDGMENT :

NEENA BANSAL KRISHNA, J.

1. The present petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as “Act 1996”) has been filed on behalf of the petitioner for setting aside the Award dated 19.11.2019 passed by the Sole Arbitrator.

2. The facts in brief are that the Claimant Company i.e. the petitioner herein, is engaged in the business of manufacturing and selling a large variety of pharmaceutical formulations in the form of Tablets, Capsules, Dry Syrups etc. and is carrying on the business of outsourcing and distribution of such products. The respondent, a proprietorship firm in which Mr. C.K. Velmurugan is a Proprietor, entered into a Distributor on Consignee Agency Basis Agreement dated 28.12.2007 with the validity of two years w.e.f. 01.04.2008 to 31.03.2010. The Agreement was renewed vide Agreement dated 01.04.2010 upto 31.03.2012.

3. The parties after about seven months of expiry of previous Agreement, entered into a fresh Distributor on Consignee Agency Basis Agreement dated 12.11.2012 for a period of three years which was renewed vide Agreement dated 22.05.2015 for another three years. The petitioner supplied pharmaceutical pro

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