Disposed

Birla Corporation Limited Thru. D.G.M. Kamlesh Chandra Chaurasia v. NTPC Limited Having One of the Project Namely Feroze Gandhi Unchahar Thermaal Power Project

Allahabad HC29 Jan 2024/83/2023

Case brief

AI extract

What is this about?

In this arbitration application under Section 11(6) of the Arbitration and Conciliation Act, 1996 between Birla Corporation Limited and Ntpc Limited, the Court appointed a retired judge as the sole arbitrator following the consent received from the proposed arbitrator, disposing of the application.

What did the court decide?

Appointment of Hon'ble Mrs. Justice Saroj Yadav (Retd.) as sole arbitrator; application disposed.

Birla Corporation Limited Thru. D.G.M. Kamlesh Chandra… — Arbitration | Allahabad HC (2024)

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Court No. - 4

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Case :- CIVIL MISC. ARBITRATION APPLICATION No. - 83 of 2023

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Applicant :- Birla Corporation Limited Thru. D.G.M. Kamlesh Chandra Chaurasia

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Opposite Party :- Ntpc Limited Having One Of The Project Namely Feroze Gandhi Unchahar Thermaal Power Project Counsel for Applicant :- Vaibhav Sharma,Sharad Nandan Ojha Counsel for Opposite Party :- Atul Kumar Dwivedi

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Hon'ble Rajnish Kumar,J.

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Heard Shri Vaibhav Sharma, learned counsel for the applicant and Shri Vineet Bihari Patel, Advocate holding brief of Shri Atul Kumar Dwivedi, learned counsel for the respondent.

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This Court had passed the following order on 21.12.2023:-

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"Heard Shri Sujeet Kumar, learned counsel for the applicant and Shri Atul Kumar Dwivedi, learned counsel for the respondent.

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The instant petition has been preferred under Section 11(6) of the Arbitration and Conciliation Act, 1996 for appointment of a sole arbitrator in pursuance of Clause 29 of the agreement entered between the parties dated 01.04.2016. The record indicates that by means of the order dated 07.11.2023, notices were issued, in pursuance whereof, Shri Atul Kumar Dwivedi, learned counsel has filed his objections.

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Insofar as the existence, signing of the agreement dated 01.04.2016 is concerned, there is no dispute between the parties. It is also not disputed that the said agreement contains an arbitration clause that disputes have emerged between the parties arising out of the said contract.

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From the perusal of the counter affidavit, it reveals that there are certain claims and counter claims. However, in paragraph 14 it has fairly been stated by the respondent that they have no objection in case if a sole arbitrator is appointed by the Court.

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Considering the contentions of the parties as well as the fact that there is no dispute regarding the existence of the arbitration agreement and its invocation except that there is divergence between the parties on their claims and counter claims.

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Accordingly, this Court finds that it is a fit case for appointment of an arbitrator. Accordingly, leaving all contentions open to the parties to be raised before the arbitrator, the Court proposes the name of Hon'ble Mrs. Justice Saroj Yadav (Retd.) Judge of this Court, resident of Home No.25, High Court Judges Colony Sector-105, Noida, Gautam Budh Nagar, Mobile No.9335161617, Email I.D.- [email protected] should act as an arbitrator.

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Learned counsel for the petitioner shall provide a complete set of the paper book to the office of this Court by 3rd January, 2024, which shall be forwarded to the proposed Arbitrator to seek her consent in terms of Section 12(1) of the Arbitration and Conciliation Act, 1996.

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List this matter on 29th January, 2024 for further order. "

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In pursuance of the aforesaid order, the consent of the proposed Arbitrator Hon'ble Mrs. Justice Saroj Yadav (Retired Judge of this Court) has been received through letter dated 13.01.2024 in accordance with law.

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In view of above, Hon'ble Mrs. Justice Saroj Yadav (Retired Judge of this Court), House No.25, High Court Judges Colony, Sector 105, Noida, District-Gautam Buddha Nagar, Uttar Pradesh, Pincode-201304, Phone No.-9335161617 is hereby appointed as Arbitrator to decide the dispute between the parties.

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Accordingly, the application is disposed of.

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Office is directed to communicate a copy of this order to Hon'ble Mrs. Justice Saroj Yadav (Retired Judge of this Court) forthwith.

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(Rajnish Kumar, J.)

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Order Date :- 29.1.2024/Raj

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Digitally signed by :- RAJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench

Birla Corporation Limited Thru. D.G.M. Kamlesh Chandra Chaurasia v. NTPC Limited Having One of the Project Namely Feroze Gandhi Unchahar Thermaal Power Project

Case brief

What is this about?

What did the court decide?

Birla Corporation Limited Thru. D.G.M. Kamlesh Chandra Chaurasia v. NTPC Limited Having One of the Project Namely Feroze Gandhi Unchahar Thermaal Power Project

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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