T.S.SIVAGNANAM
Gimpex Ltd. – Appellant
Versus
Aanchal Cement Ltd. – Respondent
T.S.Sivagnanam, J.—These Petitions have been filed under Section 11 (5) of the Arbitration and Conciliation Act, 1996, (hereinafter referred to as ‘The Act’) to appoint an Arbitrator to decide the disputes and differences between the petitioner and the respondent arising out of three High Seas Sale Agreements, dated 17.04.2012, 27.04.2012 and 27.04.2012.
2. The facts in all these petitions are identical and the nature of transaction said to have taken place under the three agreements are identical and the relevant facts necessary to consider the reliefs sought for are set down here under.
2.1. The petitioner is engaged in the business of mining, mineral processing for value added products, exports, imports and third country merchanting trade. During the course of their business, the respondent is stated to have approached the petitioner for purchase of 35,000 MTS of Portland Cement Clinker of Vietnam Origin. Pursuant to which the petitioner forwarded its Proforma Invoice, dated 09.03.2012 for a quantity of 15,000MTS for a total price of Rs.6,33,75,000/-. In terms of the Proforma Invoice, goods clearance will be on High Seas Sale basis and the price at Rs.4225PMT loade
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