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SUPREME COURT OF INDIA
L. NAGESWARA RAO, J
M/S. INOX WIND LTD. – Appellant
Versus
M/S THERMOCABLES LTD. – Respondent
| Table of Content |
|---|
| 1. introduction and background of appeal (Para 1 , 2) |
| 2. details of purchase order and dispute (Para 3 , 4) |
| 3. high court dismissal basis (Para 5 , 6) |
| 4. discussion of relevant case law (Para 7 , 8 , 9) |
| 5. final judgment and appointment of arbitrator (Para 19 , 20 , 21) |
JUDGMENT
L. NAGESWARA RAO, J.
Leave granted.
2. This appeal is directed against the judgment of the High Court of Judicature at Allahabad dismissing the application filed by the Appellant under Section 11 (6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘the Act’).
3. The Appellant is a manufacturer of wind turbine generators (WTGs).
The Respondent is engaged in the business of manufacture of wind power cables and other types of cables. Two purchase orders dated 13.12.2012 and 02.02.2013 were issued by the Appellant to the Respondent for supply of cables for their WTGs. According to the Purchase Order, the supply was to be according to the terms mentioned in the order and the Standard Terms and Conditions that were attached thereto. Apart from the other conditions, the Standard Terms and Conditions contain a clause pertaining to dispute resolution. The said clause provides for a
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