M/S. Evershine Engineers And … vs M/S Simplex Infrastructure Ltd on 29 April, 2025

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The Court :- 1. This is an application for appointment of a learned

Arbitrator on the strength of Clause 24 of the four purchase orders.

According to the petitioner, the purchase orders formed a part of a single

transaction, inasmuch as, the respondent had issued one letter of intent

by which the work was allotted in a composite manner and the same

was followed by four purchase orders. The arbitration clause in each of

the purchase orders, is exactly the same. The clause is quoted below.

“24. Dispute Resolution, Governing Laws and Jurisdiction:

a) In the event of any dispute or difference arising out of and in
connection with the Purchase Order, such disputes shall be
firstly attempted to be settled by mutual discussions. In case of
failure of the parties to reach to an amicable settlement within 30
days from the date of referring the dispute for mutual discussion,
the disputes will be referred to arbitration.

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