Application for Appointment of an Arbitrator
In the High Court at Calcutta Ordinary Original Civil Jurisdiction
In the matter of:
The Arbitration and Conciliation Act 1996
In the matter of:
An application under section 11(6) of the said Act read with the scheme framed by the Hon’ble Chief Justice of the High Court at Calcutta by a Notification published in the Calcutta Gazette of 25th January 1997 for the appointment of Arbitrator
In the matter of:
Global Distributors Private Ltd., a company registered under the Companies Act 1956 and carrying on business at
52 India Exxhange Place, Calcutta 700001 within the said jurisdiction
Ruma & Company, a company registered under the Companies Act 1956 and carrying on business at 9 Old Court House Street, Calcutta 700 001 within the said jurisdiction
The Hon’ble Mr. …………………… Chief Justice and His Companion Justices of the said Hon’ble Court
The humble petition of the Global Distributors Private Ltd., the petitioner above-named most respectfully
1. Your petitioner is carrying on business as distributor of and dealer in books, journals and allied publications.
2. The respondent is the publisher, inter alia, of a book ………………… on Computers.
3. By an agreement dated 15th September 1998, it was agreed by and between the parties that the respondent would deliver to the petitioner 50,000 copies of each edition or re-print of the said book for distribution and sale on a commission of 25% of the published price of the book.
4. The said agreement also contains an arbitration clause providing that all disputes and differences between the parties in relation to the said book and/or the said agreement and the rights, duties and claims of the parties would be referred to the arbitration of Mr. XY for decision in the arbitration proceedings.
5. In respect of the sixth edition of the said book published in March 1999 the respondent delivered to your petitioner only 2,000 copies of the said book which copies your petitioner has already sold and distributed within two months and paid the last published price of the book less the commission of your petitioner to the respondent for which the respondent has issued a receipt to your petitioner.
6. In breach of the said agreement the respondent failed to deliver the balance copies of the said book to your petitioner on the plea that all copies of the said book had been sold out within the first four months of its publication.
7. Your petitioner claimed compensation by way of commission at 25% of the published price of balance 48,000 copies of the said book not delivered to your petitioner.
8. The claim of your petitioner against the respondent for breach of the agreement is Rs. 15 lakhs. Your petitioner also claims interest at the applicable rate of 18% per annum.
9. The respondent has not paid the claims of the petitioner in spite of demand.
10. Disputes and differences arose between the petitioner and the respondent. Your petitioner by a letter dated ……………… requested the respondent to refer the disputes to a named Arbitrator for adjudication. More than 30 days have elapsed but the respondent has not concurred in such an appointment.
11. Your petitioner by a letter requested the named Arbitrator to enter into reference and commence the arbitration proceedings but no reply has been received and more than 30 days have elapsed.
12. A certified copy of the agreement containing the arbitration clause is annexed hereto and marked “A”. A copy of the letter addressed to the respondent requesting to concur in referring the dispute to the arbitration of the named Arbitrator is annexed hereto marked “B”. A copy of the letter requesting the named Arbitrator to enter into reference relating to the disputes between the parties is annexed hereto marked “C”.
13. Your petitioner’s cause of action arose at 32 India Exchange Place, Calcutta 700 001 and the respondent is carrying on business at the aforesaid address at Calcutta both within the jurisdiction of this Hon’ble Court.
14. The respondent has raised certain untenable defences. The respondent has suggested that it would print the next edition of the said book and deliver 48,000 copies of the same to your petitioner for distribution and sale as promised in the said agreement.
15. In the facts and circumstances of this case, your petitioner states that this Hon’ble Court will be pleased to take necessary measure for securing the appointment of an Arbitrator.
16. As the said Arbitrator to be appointed will have to decide a question mainly under the Indian Contract Act, no special knowledge or technical knowledge will be required for the personnel to be appointed as Arbitrator.
17. Your petitioner states that an Arbitrator be appointed as prayed for herein with directions to enter into reference, complete the proceedings and give the Award within the time that might be fixed.
18. Unless orders are made as prayed for your petitioner will suffer loss and will be prejudiced.
19. This application is made bona fide and in the interest of justice.
Your petitioner, therefore, humbly prays Your Lordships for the following orders:
(a) An Arbitrator be appointed with directions to enter into reference, complete the proceedings and give the Award within such time as this Hon’ble Court will be pleased to determine;
(b) Further Orders be made and directions be given as to this Hon’ble Court may deem fit and proper.
And your petitioner as in duty bound shall ever pray.
Signature of the Advocate
for the petitioner Signature
I, ………………………………………… son of …………………………… aged about …………………… years by occupation service, working for gain at 32 India Exchange Place, Calcutta 700 001 do hereby solemnly affirm and say as follows:
1. I am the Manager of Global Distributors Private Ltd., and its Principal Officer and Constituted Attorney. I know and I have made myself acquainted with the facts and circumstances of this case and I am able to depose thereto. I am authorised and competent to verify and I do verify this aforesaid petition on behalf of the Global Distributors Private Ltd.
2. The statements in paragraphs 1 to 19 hereinabove are true to my knowledge based on information derived from the records maintained by the petitioner Global Distributors Private Ltd. and believed by me to be true.
Solemnly affirmed by the said Mr. …………………………… pursuant to a Board Resolution dated ………………… of Global Distributors Private Ltd. in the Court House at Calcutta on the 5th day of December 1999