Bombay High Court
Parekh Plastichem Distributors Llp vs Simplex Infrastructure Limited on 21 February, 2023
Author: Bharati Dangre
Bench: Bharati Dangre
(22)ARBAP-250-2021.doc
rajshree
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
ARBITRATION APPLICATION NO.250 OF 2021
Parekh Plastichem Distributors LLP ] .. Applicant
vs.
Simplex Infrastructure Limited ] .. Respondent
Mr.Arnab Ghosh a/w Christabelle M.K. i/b Manoj Khatri for the Applicant.
Mr.Rohit Gupta i/b Pariket Shah for the Respondent.
CORAM : BHARATI DANGRE, J
DATE : 21st February, 2023.
P.C.
1] The question that arises for consideration is whether the
arbitration clause contained in Tax Invoice would prevail over an
Arbitration clause comprised in the Purchase Order, pursuant to which the Tax Invoice is raised.
This assume significance in view of the fat that both these documents contemplate different venue of arbitration, as the tax invoice has descried venue to be Mumbai, whereas Purchase Order has stipulated that the venue shall be in Kolkata.
2] The learned counsel for Respondent state that he shall place on record the purchase orders comprising clause fixing the venue to be Kolkata, pursuant to which Tax Invoice is raised.
1/2 ::: Uploaded on - 22/02/2023 ::: Downloaded on - 23/02/2023 03:59:09 :::(22)ARBAP-250-2021.doc Let him complete the necessary formalities before the disputes between the parties can be put to rest. Renotify to 08.03.2023.
If such documents are produced in the Court, they shall be supplied in advance to the other side.
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