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