Indian Kanoon - Search engine for Indian Law

1. Present order shall dispose off the objections u/s 34 of Arbitration and Conciliation Act, 1996 filed by the petitioner namely Calance Software Pvt. Ltd, whereby it has challenged the impugned award dated 24.05.2017.

STATEMENT OF CLAIM FILED BY CLAIMANT ALANKIT ASSIGNMENTS LTD BEFORE LD. ARBITRATOR:

2. In brief, the facts of the case are that the statement of claim was filed by the claimant before Ld. Sole Arbitrator stating therein that both the claimant namely Alankit Assignments Ltd and respondent Calance Software Pvt. Ltd have entered into an agreement dated 29.10.2012 and subsequent agreement dated 14.06.2013, wherein the claimant was to handover 150 UID Kits to the respondent for UID Enrollment purpose on hier/rental on returnable basis from time to time.

2.1 It is further stated that in pursuance thereof, respondent collected from the claimant 150 UID Kits i.e. 50 Kits on 03.11.2012, 75 Kits on 29.11.2012 and 25 Kits on 14.06.2013 against acknowledgment.

2.2 It is further alleged that the respondent committed serious breach of clause no. 1, 2, 3, 5, 6, 10, 11, 12, 15 and 16 of the said agreement and the respondent further continued to commit the said breach by not making payment of rent.

2.7 By way of the statement of claim, the claimant has sought award of Rs.53,14,030/- along with interest from the respondent.

STATEMENT OF DEFENSE

3. The statement of defense so filed by the respondent, it is stated that the agreement dated 29.10.2012 was entered into between the parties with regards to 250 UID Kits at monthly rent of Rs.7500/- per UID Kit, however only 125 UID Kits were provided by claimant to respondent and deposit amount of Rs.18,75,000/- given by respondent to claimant was illegally and unlawfully returned by the claimant.

18. It is not in dispute that the respondent Alankit Assignments Ltd has unilaterally appointed Sh. B.R. Jain as Sole Arbitrator to adjudicate the dispute arising between the parties. It is further admitted case that the said appointment is made in terms of agreement29.10.2012 and subsequent agreement dated 14.06.2013 whereby Alankit Assignments Ltd. was authorized to unilaterally appoint the Arbitrator.

19. As such, the points which requires determination of this court, in pursuance of arguments so led by the parties, is framed as under: