BLUE STAR LTD Vs. FARM FRESH FOOD PROCESSORS

JUDGEMENT

(1.) By this application filed under Section 11(6) of the Arbitration and Conciliation Act 1996, applicant seeks appointment of arbitrator in terms of clause 17 of the Offer Letter dated 10th February 2011.

(2.) It is the case of the applicant that vide Offer Letter dated 10th February 2011, the applicant offered to respondent No.1 installation and commissioning of Cold Rooms for total consideration of Rs.67,20,000/ including the installation and commissioning charges. According to applicant, there were five annexures annexed to the said letter of offer dated 10th February 2011 which are duly acknowledged by the respondents. AnnexureVII of the said letter of offer and in particular Clause17 thereof records arbitration agreement.

(3.) The dispute arose between the parties. Applicant vide its letter dated 4 th June 2012 after referring to the earlier notice of demand dated 19th April 2012 by which the respondents were called upon to make payment of Rs.40,98,808/ with interest and in view of the non payment of the said amount, the applicant issued the said notice dated 4th June 2012 invoking arbitration clause and nominated Mr Karl Shroff, Advocate as arbitrator and called upon the respondents to appoint their nominee arbitrator in terms of Clause 17. There was no response to the said notice.