The Court:
1. This is an application for appointment of an Arbitrator in terms of
Clause 23 of the work order dated December 1, 2017 and August 1,
2018. The work orders contain a similar arbitration Clause and the
venue of arbitration is Kolkata.
2. The petitioner contends that pursuant to the work orders, invoices were
raised. Petitioner relies on the no dues-cum-clearance certificate of the
sub-contractor. Tax invoices which were raised and allegedly served
upon the respondent have been annexed. Petitioner claims payment of
outstanding dues on the basis of the said tax invoices. The petitioner
relies upon bank statements which shows that lastly on November 23,
2020, an amount of Rs. 2 lakhs was transmitted by the respondent.
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