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2022 Supreme(Del) 1414

SURESH KUMAR KAIT
Sw Astik Pipe Ltd – Appellant
Versus
A Von Industries – Respondent


Advocates appeared:
Sanjay Jain, Advocate, Ishita Jain, Advocate, Akash Srivastava, Advocate

JUDGMENT

Suresh Kumar Kait, J. - The present petition has been filed under the provisions of Section 11(6) of the arbitration and Conciliation act, 1996 seeking appointment of an arbitrator.

2. The averments made in the present petition are that respondent had purchased HRPO Sheets, C.R. Sheets, C.R. Strips from the petitioner and in pursuance to said business dealing, for the period between 01.04.2018 till 4.12.2019, a total amount of Rs.15,72,850/- including interest @18% per annum till 04.12.2019 for the delayed payments, is due towards respondent. according to petitioner, a legal notice dated 23.12.2019 was sent to the respondent invoking arbitration and for appointment of arbitrator in terms contained in the Purchase Orders-cum-Tax Invoices, however, since respondent did not reply to the aforesaid legal notice, the present petition is filed.

3. During the course of hearing, learned counsel for petitioner has submitted that respondent has refused to accept notice of this petition and thereby, he is evading to resolve the disputes pending between the parties and so, the present petition be allowed and an arbitrator be appointed by this Court.

4. as per office report, notice sent to

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