PAREKH PLASTICHEM DISTRIBUTORS LLP Vs. SIMPLEX INFRASTRUCTURE LIMITED

JUDGEMENT

(1.) The present Application has been filed under the provisions of Sec. 11 of the Arbitration and Conciliation Act, 1996 ("the Act").

(2.) The Applicant is engaged in the business of supply of various chemicals, commodities and construction related admixtures and other materials.

(3.) In 2019, the Respondent had approached the Applicant for supply of Callipar brand Micro Silica for its Wadala (Line 7 Metro) and BKC (Line 28 Metro) site (hereinafter for the sake of brevity referred to as 'supplies'). It is the case of the Applicant that it had been regularly making supplies to the Respondent upon purchase orders being raised on it. Upon successful delivery of the supplies, the Applicant raised several invoices towards the supplies made by it. The Applicant had annexed two invoices i.e. invoices dtd. 12/12/2019 and 15/9/2019 to the Application. Thereafter, pursuant to the Order dtd. 9/8/2023 passed by this Court, which directed the Applicant to place on record the invoices corresponding to purchase orders, the Applicant filed a Compilation of Documents containing 11 invoices raised by the Applicant upon the Respondent for a total sum of Rs.24,53,220.00. It is not in dispute between the parties that the said invoices were received by the Respondent.