Hitesh Coal Traders vs Indapur Dairy and Milk Products Ltd

Judgment text excerpt

Neeta Sawant CARAP-93 OF 2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL ARBITRATION APPLICATION NO. 93 OF 2026 Hitesh Coal Traders … Applicant : VERSUS : Indapur Dairy & Milk Products Ltd. … Respondent Mr. Chinmay Mehta i/b. RVJ Associates, for the Applicant. Ms. Akanksha Helaskar, for the Respondent. CORAM : SANDEEP V. MARNE, J. Reserved On : 20 APRIL 2026. Pronounced On: 5 May 2026. JUDGMENT : 1) This is an application filed under Section 11 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) for appointment of Arbitrator for adjudication of disputes and differences that have arisen between the parties out of the Purchase Orders placed by the Respondent and Tax Invoices raised by the Applicant. The Purchase Orders placed by the Respondent for supply of imported coal does not include arbitration agreement. However, while supplying the coal, the Applicant has raised Tax Invoices, which provides for settlement of disputes through arbitration under the provisions of the Arbitration Act. According to the Respondent, Purchase Orders constitute the primary contract between the parties which do not contain arbitration agreement. On the other hand, it is the contention of the Applicant that since the delivery of goods _____________________________________________________________________________ Digitally signed by PAGE NO. 1 of 24 NEETA NEETA SHAILESH SHAILESH SAWANT SAWANT Date: 5 May 2026 2026.05.05 20:02:34 +0530 Neeta Sawant CARAP-93 OF 2026 covered by Invoices is accepted and since payments are made in respect of some of the Invoices, the arbitration clause printed in the Tax Invoices is accepted by the Respondent. In the light of rival positions taken by the parties, the issue that arises for consideration is wh