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G. S. KULKARNI
Ingram Micro India Pvt. Ltd. – Appellant
Versus
Mohit Raghuram Hegde Proprietor Creative Infotech – Respondent
JUDGMENT :
1. This is an application filed under section 11 of the Arbitration and Conciliation Act, 1996 (for short, “the Act”) whereby the applicant has prayed for appointment of an arbitral tribunal to adjudicate the disputes and differences between the parties, which have arisen under a Contract for supply inter alia of the computer products, communication device etc.
2. The relevant facts are required to be noted:
The applicant has contended that it is a leading distributor of computer products, communication devices and other hardware and software products. It also deals in I.T. related products and services. The respondent is a proprietory concern in the name and style of “Creative Infotech” and is also engaged in the business of IT hardware and software products. The applicant contends that disputes and differences have arisen between the parties as regards non-payment of applicant’s dues under various invoices as issued by the applicant to the respondent. It is in these circumstances, the applicant has invoked arbitration and has prayed for appointment of an arbitral tribunal.
3. It is the applicant’s case that the arbitration agreement is contained in the “Sales terms and con
The main legal point established in the judgment is that the existence of an arbitration agreement can be inferred through a series of correspondence or on the demur of one of the parties to an arbit....
The main legal point established is that unless a party establishes a prima facie case of non-existence of a valid arbitration agreement, the parties are to be referred to arbitration.
Acknowledgment of tax invoices and delivery challans with arbitration clause, plus partial payments without protest, creates valid arbitration agreement despite absence in purchase orders.
Arbitration agreement - Appointment of Sole Arbitrator - If there is sufficient material on record to establish that condition/clause in invoices were accepted and acted upon, parties would be ad ide....
An arbitration agreement under the Arbitration and Conciliation Act, 1996, does not require signatures if parties' intent to arbitrate can be inferred from conduct or written documentation.
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