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2014 Supreme(All) 458

D. Y. CHANDRACHUD, DILIP GUPTA
BHARAT HEAVY ELECTRICALS LIMITED – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Kashif Zaidi for the Petitioner; C.S.C. for the Respondents.

JUDGMENT

By the Court.—The third respondent filed a claim petition before the Uttar Pradesh State Micro and Small Enterprises Facilitation Council on 19 November 2012. The grievance of the third respondent is that it supplied goods amounting to Rs. 6.87 lacs during the period from 27 September 2010 to 23 April 2012 to the Petitioner in spite of which payment has not been made. In pursuance of the aforesaid claim petition, a notice was issued by the Council, which is impleaded as the second respondent, to the petitioner on 3 December 2012. On 7 January 2013, the petitioner filed an objection under Section 8 of the Arbitration and Conciliation Act, 1996 stating that there is an arbitration agreement between the parties and submitted that the dispute be referred to arbitration in terms of the arbitration agreement. On 27 May 2013, the petitioner was asked to appear before the Member of the Facilitation Council at Lucknow for conciliation. Thereafter, further proceedings have taken place and on 30 December 2013, an order has been passed observing that the conciliation has not been successful. On 17 January 2014, a notice was issued to the petitioner to file its reply failing which it ha

















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