Case Law Details
Concrete Additives and Chemicals Pvt. Ltd. Vs S N Engineering Services Pvt. Ltd. (Bombay High Court)
Mr. Menon’s contention that the tax invoices have been accepted by the respondent and therefore it is required to be presumed that there is an arbitration agreement between the parties also cannot be accepted. The acceptance of the tax invoices is required to be held to be relevant accepting the delivery of the goods and the payment to be made under the invoices. Certainly it cannot be accepted that the unilateral invoices brought about an arbitration agreement between the parties as section 7 of the Arbitration and Conciliation Act, 1996 would provide. In the above circumstances, in my opinion, there is no arbitration agreement between the parties
FULL TEXT OF THE JUDGMENT/ORDER OF BOMBAY HIGH COURT
1. This is an application filed under Section 11 of the Arbitration and Conciliation Act, 1996 (for short, “the Act”) whereby the applicant has prayed for appointment of an arbitral tribunal to adjudicate the disputes and differences which have arisen between the parties under the purchase orders which were issued by the respondent, the details of which are set out in paragraph 2 of the application.
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Hon’ble Supreme Court has reversed the judgment Concrete Additives and Chemicals Pvt. Ltd. Vs S N Engineering Services Pvt. Ltd. (Bombay High Court)
Read more at: https://taxguru.in/corporate-law/arbitration-clause-tax-invoice-considered-valid-arbitration-agreement.html
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