JUDGMENT :

K rishna Rao, J.

1. The defendant has filed the present application under Section 45 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as Act of 1996) praying for referring the instant suit to arbitration in terms of Clause 19 of the agreement and for dismissal of the suit.

2. The plaintiff has filed the suit against the defendant for recovery of amount of Rs. 11,93,93,474/- along with interest at the rate of 18% per annum on account of rejection of defective goods supplied by the defendant, difference in weight of the goods supplied, liquidated damage due to delay in supply of goods, loss and damages suffered due to supply of defective and incomplete products.

3. The plaintiff and the defendant entered into a Purchase Agreement No. OMPL-BF2-IM-0003 dated 27th October, 2016 for design, manufacturing and supply of centrifugal blower, Model D1600-3, its allied accessories for 350 cum, blast furance-2 to be installed at the premises of OMPL.

4. The plaintiff has made payment of the entire contract price of USD 18,00,000 to the defendant but the defendant failed to deliver the goods in terms of the contract. The defendant failed to supply goods of the requir