TMI Blog2015 (5) TMI 691X X X X Extracts X X X X X X X X Extracts X X X X ..... ion on behalf of the respondent. In the above circumstances, there is no option but to proceed ex parte against the respondent in the matter. On a consideration of the averments made in the present arbitration petition and the oral submissions advanced by the learned counsel for the petitioner, it is clear that disputes and differences have arisen between the parties with regard to the entitlement of the petitioner to receive the amount of bills raised by it i.e. USD 3,212,000. Clause D12 of the Supply Agreement, which according to the respondent, governs the matter specifically provides for reference of all disputes and differences to “the arbitration authority under provisions of the Arbitration and Conciliation Act, 1996”. In the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... anner G 10 fingerprint scanner (hereinafter referred to as the product ) the respondent Company in turn entered into an agreement with the petitioner Company for supply of 10,500 units of the product in question. 3. According to the petitioner Company, the aforesaid 10,500 units of the product was duly supplied and delivered to the respondent Company and bills totalling a sum of USD 3,212,000 were raised on the respondent for payment. 4. The efforts of the petitioner to receive payment of its Bills for supply of the product did not succeed. Consequently, the petitioner issued notice of arbitration dated 20th June, 2013 to the respondent in terms of the Master Agreement dated 15th July, 2011 entered into by and between the parties. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y, 2015 there is no representation on behalf of the respondent. In the above circumstances, there is no option but to proceed ex parte against the respondent in the matter. 8. On a consideration of the averments made in the present arbitration petition and the oral submissions advanced by the learned counsel for the petitioner, it is clear that disputes and differences have arisen between the parties with regard to the entitlement of the petitioner to receive the amount of bills raised by it i.e. USD 3,212,000. Clause D12 of the Supply Agreement, which according to the respondent, governs the matter specifically provides for reference of all disputes and differences to the arbitration authority under provisions of the Arbitration and Co ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
