RELIANCE COMMERCIAL FIANANCE LTD Vs. VISTA MINING PVT LTD
LAWS(CAL)-2019-9-184
HIGH COURT OF CALCUTTA
Decided on September 05,2019

Reliance Commercial Fianance Ltd Appellant
VERSUS
Vista Mining Pvt Ltd Respondents

JUDGEMENT

- (1.) This is an application under Section 9 of the Arbitration and Conciliation Act , 1996, as amended by Act 3 of 2016 (in short "the Act of 1996").
(2.) It is the case of the petitioner that in terms of 12 separate agreements entered into between the parties herein whereby and whereunder the respondent obtained various amounts of financial accommodation to acquire various construction agreements described in paragraph 4 of the application. All the said agreements contained the arbitration clause providing for settlement of all the disputes arisen between the parties relating to the said agreements be adjudicated through arbitration.
(3.) The petitioner alleges that subsequently by an agreement dated August 29, 2018 the parties entered into a fresh agreement relating to the construction equipments involved by the said 12 agreements. Consequently, there was an invocation of the said 12 agreements by the subsequent agreement dated August 29, 2018. The clause 6.9 of the said agreement dated August 29, 2018 incorporated the arbitration agreement contained in all the earlier 12 agreements.;


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