Pranjal Kare Labs Ltd (PKLL), is a Hyderabad based pharmaceutical company with large supply chain network. PKLL procures the materials and other chemicals required for manufacturing pharmaceutical products from Hiro Indu
CS Professional · Arbitration, Mediation and Conciliation · PYQS · June 2024
Pranjal Kare Labs Ltd (PKLL), is a Hyderabad based pharmaceutical company with large supply chain network. PKLL procures the materials and other chemicals required for manufacturing pharmaceutical products from Hiro Industries Ltd (HIL). PKLL and HIL had a commercial agreement for the purposes of supplying raw materials. However, dispute arose over supply of materials in a consignment which was destroyed on the way to PKLL's factory due to flood. PKLL contended that it was not going to bear the loss, as HIL should have insured the goods in transit. However, HIL denies the claim. The matter was escalated and the management of PKLL concludes that it would be appropriate to resolve the matter through mediation. In this background, draft a mediation application form for commercial disputes, assuming necessary facts.
Answer & Explanation:
Mediation Application Form for Commercial Disputes Details of Parties: 1. Name of applicant: Pranjal Kare Labs Ltd (PKLL) 2. Address and contact details of applicant: Address: [Insert Address Here], Hyderabad Telephone No.: [Insert Telephone No.] Mobile: [Insert Mobile No.] E-mail ID: [Insert E-mail ID] 3. Name of opposite party: Hiro Industries Ltd (HIL) 4. Address and contact details of opposite party: Address: [Insert Address Here] Telephone No.: [Insert Telephone No.] Mobile: [Insert Mobile No.] E-mail ID: [Insert E-mail ID] Details of Dispute: 1. Nature of dispute as per section 2 (1) (c) of the Commercial Courts Act 2015 (4 of 2016): Dispute arising out of a commercial agreement for the supply of raw materials. 2. Quantum of claim: INR [Insert Amount Here] 3. Territorial jurisdiction of the competent court: Hyderabad, Telangana 4. Brief synopsis of commercial dispute (not to exceed 5000 words): Pranjal Kare Labs Ltd (PKLL) and Hiro Industries Ltd (HIL) entered into a commercial agreement for the supply of raw materials necessary for the manufacturing of pharmaceutical products. A dispute arose when a consignment of materials, which was in transit to PKLL's factory, was destroyed due to a flood. PKLL contends that HIL is liable for the loss as HIL should have insured the goods in transit. However, HIL denies this claim. The disagreement has led to escalated tensions between the two parties, and PKLL now seeks to resolve this matter through mediation. 5. Additional points of relevance: The consignment was valued at INR [Insert Amount Here]. PKLL had informed HIL about the need for insurance coverage for goods in transit. HIL maintains that the insurance responsibility was not specified in the agreement. PKLL has suffered operational delays due to the loss of materials. Details of Fee Paid: Fee paid by DD No. [Insert DD No.] dated [Insert Date]. Name of Bank and branch [Insert Bank and Branch Name]. Online transaction No. [Insert Transaction No.] dated [Insert Date]. Date: [Insert Date] Signature of Authority: [Authorized Signatory's Name] [Designation] Pranjal Kare Labs Ltd (PKLL)
Topics: Mediation
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