OCTAVE APPARELS Vs. STORE ONE RETAIL INDIA LTD

JUDGEMENT

(1.) The petitioner has sought resolution of disputes arising between the parties in terms of arbitration clause printed on the invoices. The petitioner has sold/supply goods to the respondent. As per the petitioner, the total amount due and payable is Rs.13,65,298/-. Though the petitioner attached only one invoice with the petition as Annexure P-1, but the remaining invoices have been attached with the replication as Annexure P-4. The petitioner also relies upon communication Annexure P- 5, wherein the respondent is said to have confirmed an amount of Rs.13,37,664.66 as the amount payable to the petitioner.

(2.) Learned counsel for the respondent has alleged that there is no agreement for resolving the disputes between the parties. In fact, the parties have reduced the terms of trade vide Annexure P-3 dated 08.06.2007. In the said settlement, there is no arbitration clause, therefore, the petitioner cannot seek resolution of disputes through an Arbitrator. It is also contended that the printed clause on the invoices is not an agreement on the basis of which the petitioner can seek resolution of disputes through an Arbitrator. It is also argued that the claim of the petitioner is barred by limitation and that this Court has no territorial jurisdiction to entertain the present petition, as the registered office of the respondent is at New Delhi.

(3.) Having heard learned counsel for the parties, I find that the disputes between the parties in respect of overdue amount require adjudication by an Arbitrator. Though the terms of trade have been settled on 08.06.2007, wherein there is no clause for resolving the disputes by an Arbitrator. But the fact remains that each of the invoices through which the petitioner has supplied goods to the respondent, there is a printed arbitration clause. Once the goods have been received by the respondent in terms of the invoices issued, the terms on the invoices constitute a binding contract.