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% 06.02.2024

1. This is a petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 ("Act 1996") seeking appointment of an Arbitrator to adjudicate the disputes between the parties arising out of Binding Term Sheets dated 10.05.2021.

2. The binding term sheet is executed between the petitioner and one Mr. Manjiv Singh, acting as chairman of the respondent company. The term sheet pertains to supply of medical equipment and oxygen concentrators. This term sheet is stated to be the contract between the parties and contains the arbitration Clause which reads as under:-

3. Mr. Nandrajog, learned counsel appearing for the respondent states that Mr. Manjiv Singh had no authority to enter into a binding term sheet qua the respondent company. The e-mails exchanged between the parties further show that supply has been made to another company i.e. M/s Deckmount Electronics Pvt. Ltd. and not to the respondent company.

5. He further states that there are e-mails on record which show that the petitioner themselves wanted to treat the binding term sheet as null and void and enter into a fresh contract for which they had also exchanged drafts. He relies on the judgment "A.Ayyasamy vs. A. Paramasivam and Others"

(2016) 10 SCC 386 and more particularly para 25 which reads as under:-

11. It is admitted that the signature of Mr. Manjiv Singh on the binding term sheets does not deny the fact that he had an honorary appointment with the respondent-company.

12. For the said reasons, the reliance on A. Ayyasamy (supra) will not help the respondent as in the present case, the fraud as alleged by the respondent is regarding its internal management and does not go to the root of the contract. This Court while deciding a petition under Section 11 is only required to see the existence of an Arbitration Clause. In Re, 2023 SCC OnLine SC 1666, the Hon'ble Supreme Court has held: