3F INDUSTRIES LTD. Vs. TRANSPARENT TECHNOLOGIES SOLUTIONS

JUDGEMENT

(1.) This is an application filed under Sec. 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the Act") for reference of the disputes for arbitration by an independent Arbitrator.

(2.) The applicant claims to be engaged in the business of bakery fats, fats for frozen desserts, etc., which are sold within and outside the country. The respondent, it is stated, also is a Company registered under the Companies Act, 1956, and engaged in the business of equipment such as spray coolers, industrial dryers, flue gas desulphurization systems, bag filters, homogenizers etc.

(3.) The applicant claims that it invited offers for design, supply and commissioning of equipment in its factory at Pantapalem Village in SPSR Nellore District. The respondent responded by making the offer to the applicant vide email, dtd. 25/10/2018. The said offer, among others, contained clause 28 dealing with arbitration and clause 29 dealing with jurisdiction, which are reproduced hereunder: