MANJUNATH V HEBBAR Vs. TARINA SEN & ORS

JUDGEMENT

(1.) The petitioner has filed the present petition under Section 11 of Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'Act') praying for appointment of an Arbitrator for adjudicating the disputes that have arisen between the parties in relation to the Agreement dated 11.02.2011 read with the Amendment thereof, which is undated, as also the Memorandum of Understanding dated 28.06.2011.

(2.) It is the case of the petitioner that an Agreement had been entered into between the petitioner and one Goamincorp, which was a Sole Proprietorship concern of Late Mr.Surojit Sen, for sale and purchase of Iron Ore Fines, with Goamincorp being a seller and the petitioner being the purchaser thereof. The contract was amended by an undated document. Thereafter, by the MOU dated 28.06.2011, the Agreement was further amended and M/s Starways Logistic was added as a Confirming Party. This MOU was executed by Mr.T.P. Mishra who held a Power of Attorney from Late Mr.Surojit Sen.

(3.) As certain disputes arose between the parties, the petitioner sent a legal notice dated 24.09.2012 where Goamincorp was said to be represented by respondent no.1 as a Director thereof. As the disputes were not resolved, the petitioner invoked the Arbitration Agreement as contained in the Agreement dated 11.02.2011, by his notice dated 17.06.201