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2008 Supreme(MP) 1001

K.K.LAHOTI
M. J. Engineering Works (P)Ltd. – Appellant
Versus
Bharat Heavy Electrical Ltd. – Respondent


Advocates Appeared:
Ashok Lalwani, KUNAL THAKRE,

Judgment

( 1. ) THIS application is directed under Section 11 (6) of the Arbitration and conciliation Act, 1996 (hereinafter referred to as ?the Act?) for constitution of an Arbitral Tribunal to decide the dispute between the parties.

( 2. ) FACTS as stated in the application are as under:

(a) That, the applicant is a company registered under the Companies Act, 1956 engaged in the business of fabrication and supply of G. I. structures etc.

(b) That, respondent invited offers for supply of the G. I. structures, in response of which applicant made offer dated 12. 11. 2003 for supply of G. I. structures. The respondent issued a purchase order No. 4538169 dated 15. 11. 2003 for fabrication and supply of structures. The total value of the order was stipulated at Rs. 59,40,000/ -. Purchase order is on record as annexure A/1. There were certain disputes in respect of performance of the aforesaid order, in respect of which allegations are made in the application but it is not necessary for this Court to refer all the aforesaid disputes while deciding the application under Section 11 (6) of the Act.

(c) Because of the disputes in connection with the contract, the applicant invoked the arbitratio










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