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M/s. TBEA Shenyang Transformers Group Co. Ltd. Versus M/s. Alstom Projects India Ltd.

2015 (9) TMI 1308 - SUPREME COURT

Appointment 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 supp .....

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Mr. E. C. Agrawala JUDGMENT Anil R. Dave, J. 1. This is a petition under the provisions of Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act ). 2. By virtue of this petition, the petitioner company, incorporated in Republic of China, has prayed that an Arbitrator be appointed so as to arbitrate the dispute which the petitioner company is having with the respondent company, incorporated under the provisions of the Companies Act, 1956, in India. 3. Ac .....

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d defects were brought to the notice of the petitioner company, the petitioner company had agreed to replace the defective parts. It is pertinent to note that a bank guarantee had also been furnished by the petitioner company to the respondent company which was to be invoked in certain circumstances. According to the learned counsel appearing for the petitioner company, though there was no reason for invocation of the bank guarantee, without giving any intimation to the petitioner company, the r .....

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efore the High Court had also been dismissed on 27.09.2013 and being aggrieved by the order passed by the High Court dismissing the appeal, the petitioner had filed Special Leave Petition before this Court which had also been dismissed on 07.10.2013 as this Court did not find any infirmity in the order of the High Court. 7. In view of the aforestated background, mainly on account of invocation of the bank guarantee, the petitioner company, according to the learned counsel appearing for the petit .....

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rties on 24.12.2007 and submitted that in the aforesaid circumstances an Arbitrator be appointed by this Court so that the dispute which has arisen between the parties can be resolved by way of arbitration under the provisions of the Act. 9. On the other hand, the learned counsel appearing for the respondent-company submitted that, in fact, there is no dispute between the parties and there is no reason for appointment of an Arbitrator. He submitted that the application filed under Section 9 of t .....

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not be any dispute on the said subject. Thus, the learned counsel appearing for the respondent submitted that this is not a case where an Arbitrator should be appointed as per the provisions of the Act. 10. Upon hearing the learned counsel for the parties and going through the provisions of the contract, I am of the view, that there is a dispute between the parties which requires to be resolved by an Arbitrator under the provisions of the Act. 11. There is no dispute to the effect that there is .....

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