Back
NEENA BANSAL KRISHNA
AMAZING RESEARCH LABORATORIES LTD. – Appellant
Versus
KRISHNA PHARMA – Respondent
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
The court emphasized that an award should not be made in contravention of statutory provisions and should consider evidence and admissions. The court also highlighted the principle of severability of....
The scope of interference under Section 34 of the Arbitration and Conciliation Act, 1996, is extremely limited and is confined to cases where an award is in conflict with the public policy of India, ....
The limited grounds for setting aside an arbitral award under Section 34 of the A&C Act do not entail a challenge on the merits of the award. The court's jurisdiction under Section 34 is not in the n....
The main legal point established in the judgment is the interpretation of 'live dispute' and 'admitted liability' in the context of arbitration proceedings, and the court's reliance on relevant provi....
The Court held that the learned Arbitrator had erred in decreeing the award with respect to the rate of interest, and hence, the Award qua issue no. 20 with regards to the rate of interest is liable ....
The court reaffirmed that under Section 34 of the Arbitration and Conciliation Act, 1996, the scope for judicial interference with arbitral awards is limited, focusing on procedural compliance and th....
The Court held that the impugned award with respect to Claim 7 was not well-reasoned as required by the Act under Section 31(3), and the impugned award with respect to the award in Claim 11 is contra....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
