JUDGMENT

S. PANDA, J. — This appeal arises out of an order dated 22.5.2008 passed by the learned District Judge, Khurda in ARB. (P) No.576 of 2007 filed by the present respondent under Section 9 of the Arbitration and Conciliation Act, 1996 (in short, “the Act”).

2. The brief facts of the case are as follows :

On or about 1st April, 1999 an agreement was executed be¬tween the appellant (Sunita Mohapatra) and the respondent (Suresh Dhanuka) to carry on business in the name and style of “Abhila¬sha”. Sunita Mohapatra carries on business in the name and style of “Naturepro Biocare Inc.” as the sole proprietress thereof. The said agreement was for a period of five years from 1st April, 2004 to 31st March, 2004. It was further extended on 1st April, 2004 to 31st March, 2009 by mutual consent of both the parties. As per the said agreement, it was agreed that the respondent would have sole marketing and distribution rights of the products manufactured by the appellant. The respondent would not take up marketing of any other product in the same range or in the same name “Naturoma Herbal”. The names of both the respondent and the appellant would appear on the products manufactured by the ap