NATIONAL ENGINEERS Vs. BATLIBOI LIMITED

JUDGEMENT

(1.) Heard learned counsel for the respective parties.

(2.) The applicant has moved an application seeking appointment of an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter to be referred as the 'Act of 1996'), claiming therein that certain disputes have arisen pursuant to an order placed by respondent vide Annexure-1 dated 13.07.1995.

(3.) It is submitted on behalf of the applicant that pursuant to the said order, the petitioner-applicant paid a sum of Rs.2,25,000/- by cheque as 25% advance for supply of Solitaire Center Less Grinding Machine and balance payment of Rs.7,35,000/- was made on 21.03.1996 under Annexure-6. The respondents have acknowledged the receipt of balance amount of Rs. 7,35,000/-. In this manner, it is submitted on behalf of the applicant that although the entire consideration for purchase of Solitaire Center Less Grinding Machine Model-OMV-8' was placed on the respondent and the entire consideration was paid, the respondent did not supply the machine nor have refunded the money to the applicant. Learned counsel for the applicant also placed reliance on Clause VII of Annexure-6 (invoice) given by the respondent which contains the following Arbitration Clause:-