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2015 (5) TMI 691 - SUPREME COURT

2015 (5) TMI 691 - SUPREME COURT - TMI - Default in payment of bills for supply of the product - Appointment of an Arbitrator - Application under Section 11(6) of the Arbitration and Conciliation Act, 1996 - Supply agreement contained a specific dispute resolution clause - Held that:- We have heard Shri Chinmoy Pradip Sharma, learned counsel for the petitioner. In spite of due service of notice, the respondent is not represented. Though the petition could have been heard ex parte on the date fix .....

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es 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 above view of the matter, there can be no manner of doubt that th .....

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the parties. - Application for appointment of Arbitrator accepted. - Arbitration Case (Civil) No. 8 of 2015 - Dated:- 13-5-2015 - Ranjan Gogoi,J. JUDGMENT 1. The petitioner Company which is incorporated under the laws of the Republic of Korea carries on the business of biometrics research, development and manufacturing. It has invoked the jurisdiction of this Court under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act ) for appointment of an arbitr .....

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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 notic .....

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orders in question had no connection with the Master Agreement. In the objections raised by the respondent it was, however, stated that the purchase orders though not relatable to the Master Agreement were governed by the Supply Agreement. The Supply Agreement contained a specific dispute resolution clause i.e. D12 which is to the following effect: All disputes and differences arising in connection with this contract shall be referred to 'the arbitration authority under provisions of the Arb .....

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