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2023 Supreme(Del) 3048

JYOTI SINGH
Pure Diets India Limited – Appellant
Versus
Lokmangal Agro Industries Ltd. – Respondent


Advocates appeared:
Mr. Raghav Awasthi, Mr. Mukesh Sharma and Mr. Kunal Tiwari, Advocates, for the Petitioner.
Mr. Shivlok Yashovardhan, Mr. T.N. Durga Prasad and Mr. Prakash, Advocates, for the Respondent.

JUDGMENT

Jyoti Singh, J. Present petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as `the Act') for appointment of a sole Arbitrator in respect of a Supply Agreement dated 18.08.2017.

2. The controversy in the present case pertains to construction of Clause 15.7 of the Agreement dated 18.08.2017 and while it is the contention of the Petitioner that Clause 15.7 is an arbitration clause providing for reference of the disputes between the parties to Arbitration, Respondent contends to the contrary. Before proceeding to examine this issue, it would be necessary to have a bird's eye view of the facts obtaining between the parties.

3. As per the Petitioner, a Supply Agreement was executed between the parties on 18.08.2017 for supply of products such as organic sugar, organic molasses, etc. customised for the Petitioner. The agreement inter alia contains a clause mandating exclusivity on the part of the Respondent for markets in U.S.A. and Europe where the Petitioner desired to acquire supply of these products. Subsequent thereto, parties entered into several other agreements for different quantities of the products, howev

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