Sanjeev Narula,J. - (1.) The present petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 [hereinafter referred to as the 'Act'] seeks appointment of a Sole Arbitrator to adjudicate the disputes arising from the tax invoices issued by the Petitioner Swastik Pipe Ltd. [hereinafter referred to as 'SPL'] in the course of their dealings with the Respondent Shri Ram Autotech Pvt. Ltd. [hereinafter referred to as 'SRAPL'].
(2.) Briefly stated, the facts emerging from the petition, are as follows: SPL is engaged in the business of manufacturing, exporting, and supplying steel pipes and tubes to heavy engineering industries in India and abroad. SRAPL is in the business of manufacturing and supplying sheet metal and plastic moulded components. SRAPL placed orders with SPL for the purchase of 'C.R. Strips'. The same were supplied by SPL as per SRAPL's request and specifications, on a running account basis. The said commercial dealings between the parties lasted between 1 st April, 2019 to 29th December, 2020. While some payment was made, but an amount of INR 15,63,217/- (inclusive of interest @ 18% p.a. till 29th December, 2020 for the delayed payments), is outstanding against the goods which have been already been delivered to and received by SRAPL.
(3.) Since the liability was not discharged, a legal notice dated 31st December, 2020, was issued by SPL, calling upon SRAPL to make good the amount due or agree to arbitration in accordance with the terms and conditions of the invoices which contained an arbitration clause. The said notice was served on SRAPL at their Delhi office on 6th January, 2021, and also at their Gurugram office on 14th January, 2021, despite which, SRAPL neither made the payment nor replied to the said notice. In these circumstances, SPL has approached this Court seeking the appointment of a Sole Arbitrator by way of the present petition.;