The Court: This is an application for appointment of an Arbitrator on the
strength of Clause (xi) of the agreement dated April 5, 2023 executed between the
parties. The parties entered into an agreement for sale of a particular quality and
quantity of potato seeds. The contention of the petitioner is that the respondent
supplied sub-standard quality of potato seeds, which gave rise to a dispute. The
respondent was asked to refund the money paid by petitioner. According to the
petitioner, the total dues payable for violation of the terms and conditions of the
agreement dated April 5, 2023 was Rs.1,21,42,715/- along with interest at the
rate of 24% per annum from the date of advance payment, upto the date of
realization of the dues. The petitioner, accordingly, issued a demand notice.
Thus, the fact that the parties are in dispute is available from the record. When
the dispute was not resolved, the petitioner issued a notice under Section 21 of
the Arbitration and Conciliation Act, 1996 in February 19, 2024 and proposed
the name of an Advocate having office at 7C Kiran Shankar Roy Road, Ground
Floor, as the sole arbitrator.
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