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PRATEEK JALAN
Fortuna Skill Management Pvt. Ltd. – Appellant
Versus
Jaina Marketing And Associates – Respondent
JUDGMENT
1. By way of this petition under Section 34 of the Arbitration and Conciliation Act, 1996 ["the Act"], the petitioner assails an Arbitral Award dated 19.08.2023 ["Award"] rendered by a three-member Arbitral Tribunal. The Tribunal has awarded a sum of Rs.3,36,01,783/- and interest thereupon in favour of the respondent, and also made an order of costs against the petitioner.
A. Facts
2. The respondent is an importer, trader and distributor of mobile phones and related accessories. The petitioner [then known as iQor Global Services India Pvt. Ltd.] entered into an agreement dated 29.01.2016 ["Agreement"] with the respondent, a partnership firm, for provision of certain after-sale services related to mobile phones. The petitioner was to provide service centres to undertake service requests of the respondent or its customers. It claims to have set up service centres in several locations for this purpose.
3. The dispute between the parties principally arises out of a claim of the respondent for the cost of spare parts supplied by it to the petitioner. It is common ground that the services provided by the petitioner at the service centres was in respect of both, goods which were with
The court emphasized the importance of efficiency and expediency in arbitral proceedings and upheld the Tribunal's assessment of evidence based on the relevant legal provisions.
Scanned signed copy of the award/order of the Arbitral Tribunal to the parties would be a valid delivery as envisaged under Section 31(5) of the Arbitration and Conciliation Act, 1996.
The Arbitral Tribunal erred in calling for additional materials being the data entered into by the parties during the execution of the contract and the relevant software, from the claimant, well afte....
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