Pannalal Manicklal Trading ... vs Liberty Tea Company (A.A. Group) ...
2022 Latest Caselaw 7343 Bom

                                                                                          10-sj-130-2018.doc




                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      ORDINARY ORIGINAL CIVIL JURISDICTION

                                      SUMMON FOR JUDGMENT NO.130 OF 2018
                                                     WITH
                                        NOTICE OF MOTION NO.1876 OF 2019
                                                       IN
                                    COMMERCIAL SUMMARY SUIT NO.1045 OF 2018

                      Pannalal Manicklal Trading Company Pvt. Ltd.             ...Plaintiff
                                 vs.
VISHAL                Liberty Tea Company (A.A. Group) and Ors.                ...Defendants
SUBHASH
PAREKAR
                      Mr. Laxminarayan Shukla i/b. M/s. Legal Vision, for the Plaintiff
Digitally signed by
VISHAL SUBHASH
PAREKAR
                      None for the Defendants.
Date: 2022.07.28
19:34:52 +0530
                                                  CORAM :     N. J. JAMADAR, J.

                                                  DATE :      JULY 28, 2022

                      P.C.:

1. This Commercial Division Summary Suit is instituted for

recovery of a sum of Rs. 2,31,19,576/- along with further interest on

the sum of Rs. 1,77,42,695/- at the rate of 16% p.a., being the price

of the tea sold and delivered by the plaintiff to the defendants.

2. The summary suit is instituted on the basis of the invoices

raised by the plaintiff evidencing the sale and delivery of the goods.

3. The defendants have taken out this Notice of Motion for

referring the dispute to arbitration in accordance with the

arbitration clause contained in the said invoices.

4. The invoices, inter alia, contain the following clause:-

"If any dispute arises regarding the transaction/ goods sold under this quotation/ challan/ bill. The

Vishal Parekar, P.A. ...1 10-sj-130-2018.doc

same shall have to be referred for decision to Hindustan Chamber of Commerce at Mumbai. For arbitration under the rules of the said chamber and the award made thereby shall be binding on the parties. The place of arbitration shall exclusively be Mumbai."

5. In view of the aforesaid stipulation in the invoices, the learned

counsel for the plaintiff does not propose to contest the prayer in

the Notice of Motion and submits that the parties be referred to

arbitration by the named Arbitrator. All the conditions envisaged

by section 8 of the Arbitration and Conciliation Act, 1996 appear to

have been made out. Hence, the Notice of Motion stands allowed.

6. The parties are referred to the arbitration by the named

Arbitrator.

7. The parties shall appear before the Arbitrator on 29 th August,

2022.

8. In view of the disposal of Notice of Motion, the suit stands

disposed.

9. The plaintiff is entitled to refund of Court fees in accordance

with the rules.

                                            (N. J. JAMADAR, J.)



Vishal Parekar, P.A.                                                          ...2