BANCO CONSTRUCTION PVT. LTD. Vs. NARMADA EXTRUSIONS LTD.

JUDGEMENT

(1.) The present petition has been preferred under Sec. 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred as Act of,1996) seeking following reliefs:-

(2.) Precisely stated facts of the case are that an agreement dtd. 7/10/2016 was executed between the petitioner and respondent in which petitioner was Supplier of Electricity and respondent was the Purchaser of it. The electricity was to be suplied through execution of a tripartite agreement between the Supplier, The Madhya Pradesh Power Management Company Ltd. (M.P.P.M.C.L.), Jabalpur and Madhya Pradesh Paschim Kshetra Vidhyut Vitaran Company Ltd. (M.P.P.K.V.V.C.L.), Indore, and Purchaser whereby applicant had to supply the electricity generated through Solar Plant to the M.P.P.M.C.L. and M.P.P.K.V.V.C.L., and in turn, they had to supply the electricity to respondent. Respondent had to pay tarrif/charges to applicant.

(3.) After some time, some dispute arose between the parties regarding payment of some amount due over respondent. A demand notice was issued on 2/6/2021 (Annexure P/5) at the instance of applicant but the same was not responded by respondent affirmatively. Thereafter, a legal notice invoking arbitration was issued on 7/2/2022 (Registered A.D.) and same was received by respondent, but no affirmative steps have been taken. Therefore, this application has been preferred for invocation of arbitration clause for dispute resolution. Arbitration Clause is part of agreement by way of Clause 14.7. Applicant is seeking appointment of arbitrator because respondent is not reacting to the demand/legal notice issued by applicant.