SWASTIK PIPE LTD vs TATA PROJECTS LIMITED

Judgment text excerpt

$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 07th May, 2026 + ARB.P. 217/2026 SWASTIK PIPE LTD .....Petitioner Through: Mr. Sanjay Jain, Ms. Kanika Sharma, Advocates (M:9999477509) versus TATA PROJECTS LIMITED .....Respondent Through: Mr. Shivang Singh, Ms. Harshita Singh, Mr. Pulin Kumar, Ms. Paridhi Rungta, Advocates (M:9999920704) CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA MINI PUSHKARNA, J. (Oral): 1. The present petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (“Arbitration Act”), for appointment of an Arbitrator for adjudication of disputes between the parties, arising out of the Tax Invoices dated 10th April, 2019 and 12th April, 2019 (“Tax Invoices”). 2. As per the facts on record, the petitioner since the year 2018 has been supplying Steel Tubular Poles Black to the respondent, and payments have been made by the respondent towards the same on a running account basis. 3. In pursuance to the parties having a running account, part payments were being made by the respondent towards the various invoices that were being raised by the petitioner for the supply of the goods. Thus, a principle amount of Rs. 8,03,807/- is due with respect to the Tax Invoices in question, upon which, taking into account the part payments and interest for the period Signature Not Verified Digitally Signed Page 1 of 11 By:HARIOM SHARMA Signing Date:09.05.2026 20:47:38 of non-payment, i.e., 20th September, 2018 till 31st March, 2025, a total outstanding amount of Rs. 38,54,568/- is due against the goods supplied and delivered to the respondent during the aforesaid period. 4. It is noted that disputes arose between the parties on account of non- payment by the respondent for the goods supplied by the petitioner, therefore, the peti