Decided on November 30,2017

Bottero S.P.A. Appellant
Euro Glass Limited Respondents


R.D.DHANUKA,J. - (1.) By this petition filed under Section 45 of the Arbitration and Conciliation Act , 1996 (for short "the Arbitration Act "), the petitioner seeks an order and direction to refer the disputes raised in Suit No.1846 of 2009 to arbitration in accordance with Clause 27.2 of the Arbitration Agreement dated 14th April 2008 and seeks dismissal of the said suit. Some of the relevant facts for the purpose of the deciding this petition are as under :-
(2.) The petitioner herein is the original defendant no.2 in Suit 1846 of 2009 which was filed by the respondent no.1 herein (original plaintiff) against Gutal Trading (India)- the respondent no.2 herein (for the sake of convenience, the said Suit No.1846 of 2009 is referred to as "the said suit"). The said suit was filed by the respondent no.1 herein inter alia praying for recovery of Euro 4,25,100 alleged to have been paid by the respondent no.1 as an advance payment on account of the petitioner herein failing to fulfill the terms and conditions of the contract agreement despite the advance payment being released by the respondent no.1 in favour of the petitioner herein.
(3.) In the said suit, the respondent no.1 had prayed for an order and decree against the petitioner herein and Gutal Trading (India) in the sum of Euro 8,50,200 equivalent to Indian Rs.5,60,79,192/-. The petitioner herein appeared in the said suit. No written statement has been filed by the petitioner herein till date. In the said suit, the defendant no.1-Gutal Trading (India) filed Notion of Motion No.9 of 2011 under Order VII Rule 11 of the Code of Civil Procedure, 1908 inter alia praying for dismissal of the said suit, in so far as the defendant no.1-Gutal Trading (India) is concerned, on the ground that there was no privity of contract whatsoever nature between the plaintiff and the defendant no.1 and on various other grounds.;

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