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2015 (9) TMI 1308 - SC - Indian LawsAppointment of an arbitrator - existence of dispute - respondent-company submitted that, in fact, there is no dispute between the parties and there is no reason for appointment of an Arbitrator - Held that:- As there was a dispute with regard to quality of material supplied, some letters were exchanged between the parties and the representatives of both the parties had also met for the purpose of resolving their disputes but unfortunately, the disputes with regard to quality of the material supplied could not be resolved and ultimately the respondent company had to invoke the bank guarantee. In the aforestated circumstances, it cannot be said that there is no dispute between the parties and therefore, in my opinion, an Arbitrator is required to be appointed as per the provisions of Section 11(6) of the Act. - Decided in favor of petitioner.
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