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2023 Supreme(Raj) 329

ARUN BHANSALI
Western Drugs Limited – Appellant
Versus
Karrimore Conveyor Systems Pvt. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Paramveer Singh
For the Respondent: Mr. Harshit Bhurani

ORDER :

1. This application under Section 11 (4) & (6) of the Arbitration and Conciliation Act, 1996 ('the Act, 1996') has been filed by the applicant seeking appointment of sole arbitrator for resolving the dispute between the applicant and the respondents.

2. Submissions have been made that the applicant company is manufacturing medicines and as it was desirous of purchasing fully automatic machines and the respondent company was involved in manufacturing of such machines, the applicant company issued a purchase order for supplying Wet Niacin handling System, Tray Conveyor System, Inclines Screw Conveyor, Niacinamide Packing System including installation, accessories and training regarding operation & handling of machines.

3. The agreement (Annex.1) entered into between the parties contained the arbitration clause for settling the dispute relating to the purchase order/service order.

4. The purchase order was placed on 1/10/2013 and the same was acknowledged by the respondents by issuing communication dated 4/10/2013 endorsing the acceptance on the purchase order. The applicant company sent a cheque amounting to Rs.5,56,150/-towards advance payment on 14/10/2013.

5. The respondent com

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