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2012 Supreme(All) 1340

PANKAJ MITHAL
BHARAT WIRE ROPES LTD. – Appellant
Versus
UNION OF INDIA – Respondent


Advocates:
Counsel :
Govind Krishna for the Applicant; Govind Saran and Navneet Chandra Triparthi for the Respondents.

JUDGMENT

Hon’ble Pankaj Mithal, J.—Heard Shri Govind Krishna and Sri Navneet Tripathi, learned counsel for the parties.

2. Petitioner was issued a purchase order on 13.1.2009 for the supply of Hard Drawn Round Copper Dropper Wire of 5 mm diameter. It was followed by an agreement. The relevant extract of the terms and conditions of the said contract have been filed as Annexure-CA-1. The agreement contained an arbitration clause for referring the disputes arising out of the above purchase order/agreement to the Arbitrator designated.

3. In connection with the above purchase order/agreement a dispute had arisen with regard to supplies made, delay in making the supplies and the non payment of the material supplied.

Petitioner in connection with the non-payment of dues for the supply made in pursuance of the above purchase order/agreement filed writ petition No. 38790 of 2011 before this Court. It was disposed of vide judgment and order dated 8.8.2011 observing that the Court is satisfied on the submission of the respective parties that there is a clause for arbitration in the agreement. Thus, the Court relegated the petitioner to the remedy of approaching this Court under Section 11 of








































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