JUDGMENT

I.A. 8832/2022 (of the defendant u/S 45 of Arbitration & Conciliation Act, 1996)

1. By way of this judgment, I shall decide the application filed on behalf of the defendant under Section 45 of the Arbitration and Conciliation Act, 1996 (A&C Act) seeking that the parties be referred to arbitration and the plaint in the present suit be rejected.

2. The present suit has been filed by the plaintiff (hereinafter referred to as ‘Sorin’) under provisions of Order XXXVII of the Code of Civil Procedure, 1908 (CPC) as a summary suit seeking recovery of USD 3,08,203.45/- along with pendent lite and future interest. Sorin and the defendant entered into a Sole Distribution Agreement dated 1st July, 2017 (hereinafter referred to as ‘Agreement’), in terms of which, the defendant placed a purchase order on Sorin to supply certain goods. Sorin supplied the said goods under the purchase order and raised three invoices on the defendant. Since the defendant failed to make full payment in terms of the said invoices, Sorin filed the present suit under Order XXXVII of the CPC seeking recovery of the balance payment in respect of the invoices raised by Sorin on the defendant.

3. Upon summons being i