AMEET LALCHAND SHAH Vs. RISHABH ENTERPRISES

JUDGEMENT

(1.) This appeal under Sec. 37 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act') is directed against an order of the learned single Judge declining an application under Sec. 8 (of the Act) to refer the subject matter of the suit filed by the respondent/plaintiffs to arbitration.

(2.) The brief facts are that on 01.02012, M/s. Juwi India Renewable Energies P. Ltd. (hereinafter referred to as 'the Juwi') entered into two agreements with the first respondent (hereinafter referred to as 'the Rishabh'), the sole proprietorship concern of the second plaintiff i.e. Dr. A.M. Singhvi. The two agreements entered into on 01.02012 were, one, for the purchase of power generating equipments to the tune of Rs. 8,89,80,730.00 and the other for installation and commissioner of the plant for Rs. 2,20,19,270.00. Both these agreements contained arbitration clause.

(3.) On 05.02012, the plaintiff entered into Sale and Purchase Agreement dated 5th March, 2012 with the second defendant company (Astonfield) for purchasing CIS Photovoltaic Products to be leased to defendant No.3 company (Dante) and installed at the said power plant at Jhansi, Uttar Pradesh; these products were valued at Rs. 25,16,00,000.00, the second appellant i.e. Astonfield received Rs. 21,40,49,999.00. This agreement (hereinafter referred to as 'the third agreement) did not contain an arbitration clause.