M. Veeraiyan, Technical Member - Heard both sides on the stay petition.

2. The relevant facts, in brief, are as follows :-

(a)The appellant M/s Paras Advertising and Marketing Services Pvt. Ltd. have entered into an agreement dated 1-4-1997 with M/s. Paras Pharmaceuticals Ltd. to render such services as "market organizer of its products for the promotion, sale and distribution".

(b)As per the agreement, the appellant is required to render the following services

1.Providing distribution services such as booking the orders from whole-sale market, forwarding the same to the manufacturer and following up for the payments for the goods supplied therefore;

2.Providing services for re-distribution of the said goods from the wholesellers to the retailers;

3.Sales promotional/merchandise activities at the retailer outlet;

4.Providing information about the market conditions especially about the competitors of the manufacturer and their products and suggesting the steps to be taken for countering the same from time-to-time;

5.Providing services for the market forecast as may be necessary from time-to-time;

6.Advising on the advertisement strategies, media plans, etc., by discussing the same with