2998 of 2015 companyy Annexure P 10 under Section 5 read with Section 8 of the Arbitration and Conciliation Act, 1996 for short the 1996 Act , in the suit seeking reference of the disputes between the parties forming the subject matter of the suit, for arbitration, which is rejected by the High Court on the ground that the appellant has, by moving application for extension of time to file written statement, waived its right to seek arbitration.
The decision of the Arbitrator shall be final and binding upon the parties.
Respondent United Machinery and Appliances are manufacturers of diesel generator sets.
The venue of arbitration shall be Mumbai.
2 of 2015 , whereby said Court has rejected the application moved under Section 5 read with Section 8 of the Arbitration and Conciliation Act, 1996, to get the dispute referred to arbitral tribunal.
The appellant, in response to the summons, on 07.07.2015 moved an application companyy Annexure P 6 before the High Court seeking extension of time for eight weeks to file written statement and invoked the arbitration clause companytained in the agreement dated 02.07.2007 by sending a letter dated 08.07.2015 companyy Annexure P 7 to the respondent, in response to which, vide companymunication dated 13.07.2015 companyy Annexure P 7 , it denied the claim of the appellant, and objected to invocation of arbitration clause on the ground of pendency of civil suit before the High Court.
Arbitration clause companytained in Article 10.1 of agreement dated 02.07.2007 companyy Annexure P 1 reads as under 10.1 Any dispute or difference whatsoever arising between the parties out of or relating to the companystruction, meaning, scope, operation or effect of this Agreement or the validity or the breach thereof shall be referred to a Sole Arbitrator to be appointed by Greaves.
2 of 2015 seeking decree for an amount of Rs.4,92,76,854/ towards the loss and damages suffered by it on account of alleged breach of companytract on the part of defendant appellant.
An agreement companytaining arbitration clause was executed between them for supply of diesel engines by the appellant to the respondent for using the same in the diesel gensets.
On the other hand, the appellant sent companymunication to the respondent claiming that it was the respondent who has to pay outstanding dues of Rs.1,04,53,103/ to the appellant.
The High Court, in its original side, issued summons in the suit on 06.01.2015 to the appellant.
Brief facts of the case are that appellant Greaves Cotton are manufacturers of, inter alia, diesel engines.
Thereafter, the appellant moved Application GA No.
Hence, this appeal through special leave.
Prafulla C. Pant,J. Leave granted.
The plaintiff respondent filed civil suit CS No.
The arbitration proceedings shall, in all other aspects, be governed by the provisions of the Arbitration and Conciliation Act, 1996 or any subsequent statutory enactment in place thereof.
This appeal is directed against order dated 16.09.2015, passed by the High Court of Judicature at Calcutta in GA No.
2998 of 2015 in CS No.
