Disposed

Nipro India Corporation v. M/S. Atlantic Pharmaceuticals

Madras HC17 Oct 2014OSA/236/2014

Case brief

AI extract

What is this about?

The Court disposed of consent appeals regarding product supply disputes. The parties appointed a retired Chief Justice as Sole Arbitrator to determine fees, venue set at Mumbai, and proceedings to conclude within six months.

What did the court decide?

Appointment of Sole Arbitrator; Modification of order to regulate product use for AMC; Six-month time limit for arbitration.

Nipro India Corporation Vs M/S. Atlantic Pharmaceuticals — Arbitration | Madras HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 17-10-2014

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CORAM

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THE HONOURABLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE

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AND THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN

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ORIGINAL SIDE APPEAL Nos.236 and 237 of 2014

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and M.P.Nos.1 and 1 of 2014

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M/s.Nipro India Corporation Pvt. Ltd., 1^st Floor, Yesdee House, New No.167, Old No.131 Valluvarkottam High Road Nungambakkam Chennai 600 034 ...Appellant in both appeals vs

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M/s.Atlantic Pharmaceuticals 101, Business Point 349 Next to Sai Service Station Western Express Highway Andheri (East), Mumbai 400 069

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Nipro Corporation 3-9-3, HONJO-NISHI KITA-KU Osaka 531-8510 Japan

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Nipro Pte. Ltd., 9, Temasek Boulevard #20-03, Suntec Tower Three Singapore 038988 ...Respondents in both appeals

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Original side appeal preferred under Order XXXVI Rule 9 of Original Side Rules read with Clause 15 of Letters Patent against the fair and decretal order dated 11.8.2014 in O.A.Nos.89 and 90 of 2014.

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O.A.No.89 of 2014 and 90 of 2014:

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Original Applications praying to pass an interim injunction in favour of applicant to restraining the 1st respondent from making any https://hcservices.ecourts.gov.in/hcservices/ (1) supply of its products (ii) supply and appointing any distributor to market and supply of its products respectively in the territory being the State of Maharashtra, Madhyaprades, Gujarat, Goa and

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Chattisgarh, other than thought the Applicant Company and restraining the 1st respondent from appoint any distributor to market and supply its products in the territory being the sate of Maharashtra, Madhyapradesh, Gujarat, Goa and Chattisgarh and pending disposal of the applicantions.

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For Appellant : Mr.Vijaya Narayanan Senior Counsel for Mr.Prasad Vijayakumar

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For Respondents : Mr.V.Srikanth

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COMMON JUDGMENT (Judgment of the Court was delivered by THE HON'BLE CHIEF JUSTICE)

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Learned Counsel for parties have obtained instructions and at their request, the original side appeals are disposed of in terms of the following consent order:-

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(i) Hon'ble Mr.Justice F.I.Rebello, Chief Justice of Allahabad High Court (Retired), will be the Sole Arbitrator to adjudicate the disputes between the parties.

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(ii) The Arbitrator will determine his own fee, which shall be shared equally between the two parties as also out of pocket expenses. (iii) The venue of arbitration will be at Mumbai.

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(iv) The impugned order dated 11.8.2014, is modified to the extent that the first respondent will intimate to the appellant as to under which Annual Maintenance Contract (AMC), they are seeking supply of products and further undertakes before this Court that those products will be utilised only for the purposes of AMC and not for sale in the open market.

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(v) The Arbitrator will endeavour to complete the arbitration proceedings within a period of six months from the first date of hearing.

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No costs. Consequently, connected MPs are closed.

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Sd/-

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Assistant Registrar(CS-IV)

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//True Copy//

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https://hcservices.ecourts.gov.in/hcservices/

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Sub Assistant Registrar

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nsv

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To:

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The Hon'ble Mr.Justice F.I.Rebello Chief Justice of Allahabad High Court (Retd.) 12, New Bake House 201, 2^nd Floor Opp. Maharastra State Co-op. Bank Ltd., MCC Lane, Fort, Mumbai 400 001.

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1 CC to M/s. V.Srikanth, Advocate SR.No. 49825

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O.S.A.Nos.236 and 237 of 2014 SAI (CO) PSI (05.11.2014)

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https://hcservices.ecourts.gov.in/hcservices/

Nipro India Corporation v. M/S. Atlantic Pharmaceuticals

Case brief

What is this about?

What did the court decide?

Nipro India Corporation v. M/S. Atlantic Pharmaceuticals

Case brief

What is this about?

What did the court decide?

What the court decided

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