HIGH COURT OF DELHI
SWASTIK PIPE LIMITED – Appellant
Versus
PSR AQUA AND ENGINEERS PRIVATE LIMITED – Respondent
PRATEEK JALAN, J. (ORAL)
1. By way of this petition under Section 11 of the Arbitration and Conciliation Act, 1996 [“the Act”], the petitioner seeks appointment of an arbitrator to adjudicate disputes between the parties in terms of arbitration clauses contained in tax invoices issued by the petitioner to the respondent.
2. The petitioner is a supplier of HRPO sheets/coil, C.R. Sheets, and other materials. It supplied goods to the respondent during the period from 2018 to 2020, for which it claims to have raised 20 invoices. The goods were admittedly dispatched under Goods Received Documents [“GR Document”], and accompanied by e-way bills and invoices.
According to the petitioner, the invoices were not paid in full, as a result of which disputes arose between the parties.
3. The petitioner invoked arbitration by a legal notice dated
10.11.2021, claiming that a sum of Rs.31,36,876/- was due to it. The aforesaid communication was returned unserved. The arbitration clause was again invoked by e-mail dated 17.11.2021, the receipt of which is not disputed. The notice, however, failed to elicit a response, as a result of which the petitioner has filed this pet
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