GAINWELL COMMOSALES PRIVATE LIMITED (TRACTORS INDIA PRIVATE LIMITED) Vs. ARDERN MASCHINFABRIK PRIVATE LIMITED

JUDGEMENT

(1.) This application has been filed under Sec. 11 of the Arbitration and Conciliation Act, 1996 for appointment of sole arbitrator to decide the dispute between the parties.

(2.) The plea of the applicant is that the respondent had placed the work order dated 3rdof July, 2017 for 5 ton while loader CAT 950H on hire. In terms of the work order, hire charges for machinery was to be paid on monthly basis within 30 days of receipt of invoice. According to the applicant, the invoice was raised but the respondent had failed and neglected to make payment in respect of the purchase order amounting to Rs.1,89,651.00. The notice dtd. 9/3/2022 in terms of Sec. 21 of the Act was sent nominating Mr. Anuj Singh, Advocate as sole arbitrator. The said notice was served upon the respondent but no reply was received, hence the present application was filed.

(3.) Learned Counsel for the respondent has raised an objection that the work order contains the arbitration clause with the place of arbitration as Mumbai and, therefore, this Court has no territorial jurisdiction. Whereas submission of learned Counsel for the applicant is that the tax invoices issued by the applicant makes the dispute subject to Kolkata jurisdiction, therefore, this Court has territorial jurisdiction.