2011 (3) TMI 1511

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....;s representative. It reads: "1. OMNIA does hereby appoint PIM as its Representative for Europe, and PIM hereby accepts the aforesaid appointment, upon the following terms: a) PIM would market the Products manufactured by OMNIA, on an exclusive basis, to his clients in Europe, and would be responsible for obtaining the business in the nature of contracts, for supply by OMNIA. b) PIM would be the front-end, dealing with the clients in Europe, and OMNIA would be introduced as the Indian Parent Company. c) In all situations, PIM would be required to introduce the two parties to this Agreement, as a single entity, responsible for managing clients/prospective clients in the whole of Europe. d) All proposals, documentation submitte....

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....nusable all other proprietary material and copies thereof, which for any reason cannot be delivered to OMNIA. In such event, PIM shall certify in writing to OMNIA that all proprietary material has been delivered to OMNIA or destroyed and that PIM has discontinued use of the same. e) Both the parties agree to fulfill all obligations to each other under all the work orders in force at the time of termination of this agreement until the completion of the services specified in the work orders." 3. It is common ground that the agreement in question was terminated by the parties in terms of another agreement dated 29th February, 2008 executed between the parties. This termination purported to be in conformity with the provisions of Clause 1....

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....ect of the issue at hand. This termination agreement constitutes the entire agreement and understanding between the parties." 5. When this petition came up for hearing before me on 15th November, 2010, it was pointed out to learned counsel for the respondent that in case this Court was to pronounce upon the effect of Clause 4 of the termination agreement finally and further in case this Court were to hold that Clause 4 did not prevent the petitioner from raising the disputes regarding post-termination obligations of the parties, the Arbitrator appointed by this Court shall have no option but to fall in line and accept that determination as final and binding on the parties. Learned counsel for the respondent was, therefore, asked to ta....