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B. VIJAYSEN REDDY
Dell International Services India Pvt. Ltd. – Appellant
Versus
Analogics Tech India Ltd. – Respondent
ORDER :
1. This application is filed to appoint an arbitral tribunal under Section 11 of the Arbitration and Conciliation Act, 1996 (for short ‘the Act’) with respect to the disputes arisen between the parties in relation to purchase order dated 15.03.2017 executed by the applicant and the respondent and consequent tax invoices raised by the applicant.
2. The petitioner is engaged in the business of manufacturing computer hardware, data storage devices, commercial services, commercial servers, laptops, monitors, peripherals, comprehensive Information Technology solutions etc. The respondent was desirous of purchasing several products from the applicant, which is detailed out in pages 11 to 14 of the application. The respondent placed order on the applicant for supply of products worth Rs.86,03,132.60 ps. inclusive of GST at 18%. Under the purchase order, as pare clause No.1, the respondent has credit period of 30 days for making payment. The products were shipped by the applicant and the same were received by the respondent at its Chandigarh premises. The applicant raised multiple tax invoices as mentioned in para 5 of the application. Several emails were addressed by the applicant
Point of law: It is settled law that arbitration clause can be invoked only when there are differences and disputes with regard to certain payments or breach of obligations of respective parties of t....
Acknowledgment of tax invoices and delivery challans with arbitration clause, plus partial payments without protest, creates valid arbitration agreement despite absence in purchase orders.
The court clarified that admitted liabilities in financial statements should be protected under Section 9, emphasizing the need for timely interim relief in arbitration to prevent infructuous proceed....
The court emphasized that an interim order under Section 9 must be granted when there is evidence of admitted liability to avoid making arbitration proceedings infructuous.
Arbitration – Admitted liability - if an Award is passed by the Arbitrator, the same is executable and is not rendered infructuous.
The main legal point established in the judgment is that the existence of an arbitration agreement can be inferred through a series of correspondence or on the demur of one of the parties to an arbit....
The court ruled that a vague arbitration clause does not necessitate arbitration, enabling the plaintiff to attach defendants' assets due to the admission of debt and the defendants' failure to compl....
The main legal point established is that unless a party establishes a prima facie case of non-existence of a valid arbitration agreement, the parties are to be referred to arbitration.
The main legal point established in the judgment is the interpretation of 'live dispute' and 'admitted liability' in the context of arbitration proceedings, and the court's reliance on relevant provi....
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