JUDGEMENT
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(1.) The petitioner has filed this application under Section 11 of the
Arbitration and Conciliation Act, 1996 (in short, the Act), seeking
appointment of an Arbitrator to settle dispute between the parties.
(2.) For milling purpose, paddy was supplied to the petitioner by
respondent No.2 against an agreement dated 30.9.2009. After milling, rice
was to be delivered to the State Government upto 30.3.2010, as per the
terms prescribed in the said agreement. For non-complying with the
provisions of the agreement, penal provisions were added therein.
(3.) It is case of the petitioner that poor, surplus quantity of paddy
was stored in its premises without consent. Despite request paddy stored in
its premises was not allotted to other millers. It is grievance of the
petitioner that instead of settling the dispute, if any, as per terms and
conditions of the agreement dated 30.9.2009, the respondent preferred to
register an FIR on 2.5.2011 against its proprietors and the guarantors. It is
alleged by the petitioner that despite many requests made account of the
petitioner has not been settled. To resolve dispute, Arbitrator has not been
appointed.;
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