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
And
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
And
In the matter of:
Global Distributors Private Ltd., a
company registered under the Companies
Act 1956 and carrying on
business at 52 India Exchange
Place, Calcutta 700001 within
the said jurisdiction
Petitioner
versus
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
Respondent
To
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
SHEWETH:
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.
20. 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
Verification
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:
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.

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.