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2007 Supreme(Mad) 4036

K.RAVIRAJA PANDIAN, CHITRA VENKATARAMAN
Eastern Trading Company & Others – Appellant
Versus
Kalpana Lamps & Components Ltd. & Another – Respondent


Advocates:
For the Appellants :R. Murari, Advocate. For the Respondents: R1,
R. Venkatavaradhan, Advocate.

Judgment :-

Chitra Venkataraman, J.

This appeal is against the order of the learned single Judge dated 14. 2001 made in O.P.No.565 of 1999, confirming the award passed by the Arbitrator, thereby rejecting the application filed under Section 34 of the Arbitration and Conciliation Act, 1996. The petitioners in O.P.No.565 of 1999 are the appellants before this Court.

.2. The respondents herein are engaged in the business of selling lamps and tube-lights. The appellants were acting as sole distributors of the respondents herein since 1979 for the areas of Tamil Nadu and Pondicherry. It is an admitted fact that there was no written agreement between the parties enumerating the terms of distributorship and the terms of their arrangement was to be seen from the trade practice and the conduct of the parties. It is stated that in 1995, there was a change in the management of the respondent company and the Anchor Group of Companies took over the control of the first respondent herein. Differences arose between the parties herein when the first respondent started withholding credits due to the appellants herein. Due to the strained relationship, the parties entered into an arbitration agreem








































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