TRBEX IMPEX PVT. LTD. Vs. ASHOK FINE SPUN

JUDGEMENT

(1.) This Arbitration Case has been filed by the applicant under Sec. 11 (6) of the Arbitration and Conciliation Act, 1996, for appointment of Arbitrator.

(2.) In brief, the facts of the case are that the petitioner-a company registered under the Companies Act,1956 entered into an Agreement dated 30th of June, 2017 (Annexure P/1), for supply of solar generated electricity to the non-applicant Ms. Ashok Fine Spun (A unit of Mahima Fibres Pvt. Ltd.).

(3.) Admittedly, a dispute has been arisen between the parties in respect of the outstanding amount of Rs.5,22,84,012.00 which is due to the non-applicant, and according to the applicant, despite repeated requests, the amount has not been paid by the nonapplicant, and lately, a legal notice dtd. 9/8/2023 (Annexure P/13) was also served on the non-applicant for appointing Arbitrators as per clause 14.7 of the Agreement which refers to the dispute resolution.