- (1.) Heard Mr. Abhay Prakash, counsel appearing on behalf of the petitioner.
(2.) This petition has been filed with a prayer for issuance of an appropriate order for appointment of an Arbitrator as per Clause 11 of the Agreement (Agreement for Collaborative Research) dated 30. 07. 2003 entered into by & between the petitioner and the sole respondent (M/s Suparna Chemicals Ltd. ) as disputes have arisen between the parties in terms of Clause 7. 2 of the Agreement with regard to payment of royalty to the petitioner.
(3.) It is the case of the petitioner that the respondent had approached the petitioner with a proposal to develop an indigenous chemical oxygen self-rescuer for use in the coalmines and other related areas for safety of the personnel working in the hazardous condition. In view of the proposal of the respondent, the petitioner entered into an agreement with the respondent vide agreement dated 30. 07. 2003 for testing the performance of the so developed chemical oxygen self-rescuer known as Raksha Kawach -30 as per the norms of EN- 401 and it is the claim of the petitioner that the respondent agreed to pay royalty. It has been further stated by the petitioner that as per the terms of agreement, all the tests were performed maximum of which were performed in the presence of authorized representatives of the respondent and then, final report was submitted, wherein after the respondent even paid some royalty as per the terms of the agreement in the year 2005- 06. The dispute arose when the respondent stopped paying royalty to the petitioner, without any intimation.;