BBH COMMUNICATIONS INDIA PRIVATE LIMITED 2nd Floor, the Amiya Building, 63/A, Linking Road, Santa Cruz (West), Mumbai400054. ..... Respondent Date of Institution : 19.03.2021 Date of arguments : 09.02.2022 Date of Judgement :19.02.2022 JUDGEMENT 1. This is a petition U/s 34 of Arbitration & Conciliation Act, 1996 (hereinafter referred as "A&C Act") filed by the petitioner, CASA2 STAYS PRIVATE LIMITED on 19.03.2021 directed against the arbitral award dated 20.10.2020 as well as additional award dated 17.12.2020, passed by Justice (Retd) Shri S.N. Dhingra, Ld. Sole Arbitrator. BACKGROUND FACTS 2. In brief, background facts leading to filing of this petition, are that respondent (BBH Communications India Private Limited), herein, is a company engaged in the business of advertisement and other related works, entered into a contract with petitioner, a company engaged in the hospitality business under the brand name of "Fab Hotels". It is submitted that it is undisputed that the agreement between the parties for providing advertisement services commenced on 19.03.2018 and was CASA2 STAYS PVT LTD VS BBH COMMUNICATIONS INDIA PVT. LTD {OMP(COMM) 31/21} 1 valid for 3 months period i.e. till 18.06.2018. The formal agreement was signed between the parties on 26.04.2018 and under the agreement, the claimant/respondent was to provide to the petitioner following services : i. A master TVC film for "Fab Hotels Boxing" in Hindi & English of 45 seconds. ii. Down Edits of 30 seconds, 20 seconds and 6 seconds for YouTube. iii. Mutes 5 seconds, 4 seconds, 3 secons, 2.5 seconds and 2 seconds. iv. 6 languages ads, namely, Tamil, Kannad, Malyalam, Telgu, Marathi and Bengali. v. High resolution still frame grabs. vi. Usage rights TV, Cinema, Digital, Print/OOH and Radio for a period of one year in India. vii. Video Rushes and Unmixes. viii. Music rights for one year. ix. Royalty payable to musician. x. VO recording (Master and languages). xi. Cost of language supervisor. xii. Three rounds of changes in master film. xiii. Two rounds of rerecording for VO in master film and languages. xiv. Shoot in Mumbai. xv. Postproduction in Mumbai. xvi. Output in aspect ratio. As per specification of TV, YouTube and square format for Facebook/Instagram, format SD and HD. xvii. Output digiBeta and proresolution files on hard drive. 3. It is submitted that the aforenoted services were to be provided by the claimant to the respondent (petitioner herein) for sum of Rs. One Crore Fifty Five Lakhs and that the claimant was to bear the cost of production of above, including the cost of Director Arun Gopalan. However, all other work, if assigned to the claimant was to be charged separately and GST and Government taxes, if any, were also payable by the respondent (petitioner herein). It is submitted that it was specifically stated by the claimant in its quotation/estimate which formed part of the agreement that 50% payment will be chargeable as advance and remaining 50% will be payable on delivery of master film. CASA2 STAYS PVT LTD VS BBH COMMUNICATIONS INDIA PVT. LTD {OMP(COMM) 31/21} 2 4. It is further submitted that either party could terminate the agreement upon material breach of the contract by the other party, if the breach remained uncured for a period of 10 days from the receipt of notice from nondefaulting party. It was also specifically stated that all invoices would be payable within 30 days of the invoice date if there was no dispute of such invoices. However, if a dispute or query was to be raised on the invoice it was to be raised by the respondent (petitioner herein) and communicated to the claimant within 5 working days of the presentation of the invoice otherwise invoice was to be assumed as correct and due for payment. It is submitted that it was agreed that interest would be charged on every due invoice @ 12% per annum if the invoice was not paid within 30 days. It was also agreed that an amendment to the agreement had to be in writing only and signed by both the parties. 5. It is submitted that the claimant submitted that respondent (petitioner herein) paid an advance of Rs.