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HIGH COURT OF BOMBAY
SANDEEP V. MARNE, J
Hitesh Coal Traders – Appellant
Versus
Indapur Dairy & Milk Products Ltd. – Respondent
| Table of Content |
|---|
| 1. disputes arise from unpaid coal supply invoices containing arbitration clause (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. parties contend po lacks arbitration unlike invoices and challans (Para 7 , 8 , 9 , 10 , 11) |
| 3. emails, pos, challans, invoices detail arbitration conditions (Para 12 , 13 , 14 , 15 , 16) |
| 4. acknowledgment and payments accept invoice arbitration clauses (Para 17 , 18 , 19) |
| 5. distinguishes precedents prioritizing pos without arbitration (Para 20 , 21 , 22) |
| 6. payment of invoices binds parties to printed arbitration clause (Para 24 , 25) |
| 7. supreme court upholds acknowledged invoices as arbitration agreement (Para 26 , 27 , 28) |
| 8. conduct shows consensus to arbitrate despite silent po (Para 29 , 30) |
| 9. section 11 application within limitation from invocation (Para 31) |
| 10. appoint sole arbitrator for invoice disputes (Para 32 , 33 , 35) |
JUDGMENT :
1) This is an application filed under Section 11 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) for appointment of Arbitrator for adjudication of disputes and differences that have arisen between the parties out of the Purchase Orders placed by the Respondent and Tax Invoices raised by the Applicant. The Pur
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