The appellant sought to withdraw the appeal under Section 37 of the Arbitration and Conciliation Act, 1996 with liberty to pursue remedies elsewhere. The Court allowed the withdrawal and dismissed the appeal as withdrawn without costs.
Appeal dismissed as withdrawn with liberty.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
WEDNESDAY ,THE ELEVENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO AND
THE HONOURABLE SRI JUSTICE HARINATH.N
CIVIL MISCELLANEOUS APPEAL NO: 489 OF 2024
Appeal under Section 37 of the Arbitration and Conciliation Act, 1996 praying to set aside the unnumbered Impugned Order dated 4 July 2024 communicated vide the Tribunal’s email of even date, passed on the file of the ad hoc Arbitral Tribunal seated at Vishakhapatnam, comprising of Mr. Michael Black Esq. KC, Honble Dr. Justice (Retd.) Arijit Pasayat, and Mr. Harish Salve Esq.
Between:
Rashtriya Ispat Nigam Limited, Administrative Building, Vishakhapatnam Steel Plant, Vishakhapatnam - 530031 Represented by Shri Suggala ; Ashok Chakravarthy Deputy General Manager (Utilities) - Design and Engineering
...APPELLANT
AND
Air Liquide India Holding Private Limited, A-24/10, Mohan Co-operative, Industrial Estate Mathura Road, New Delhi - 110044, Through its Additional Director, Mr. Benoit Louis Felix Renard
...RESPONDENT
lA NO: 2 OF 2024
Petition under Section 151 CPC praying that in thecircumstancesstated in the affidavit filed in support of the petition, the High Court may be pleased to grant an ad interim ex parte injunction staying/suspending the Impugned Order dated 4 July 2024 communicated vide the Tribunal’semailofeven date, passed on the file of the ad hoc Arbitral Tribunal seated at Vishakhapatnam, comprising of Mr. Michael Black Esq. KC, Hon’ble Dr. Justice (Retd.) Arijit Pasayat, and Mr. Harish Salve Esq. KC pending disposal of the above CMA lA NO: 3 OF 2024 Petition under Section 151 CPC praying that in thecircumstancesstated in the affidavit filed in support of the petition, the High Court may be pleased to take on record subsequent events that have transpired after this Hon’ble Court’s Order dated 9 July 2024 and grant ad-interim ex-parte reliefs directing the Respondent inter alia to perform thePG-2Testsandhandover of the ASPs to RINL in terms of the Tribunal’s Order dated 25 May 2024, passed by the ad hoc Arbitral Tribunal seated at Vishakhapatnam, comprising of Mr. Michael Black Esq. KC, Hon’ble Dr. Justice (Retd.) Arijit Pasayat, and Mr. Harish Salve Esq. KC, either \A/ithout the presence of the Engineering Expert or in the presence of experts appointed by this Hon’ble Court; on such terms and conditions as this Hon’ble Court may deem fit in the facts and circumstances of the present case
lA NO: 6 OF 2024
Petition under Section 151 CPC praying that in thecircumstancesstated in the affidavit filed in support of the petition, the High Court may be pleased to direct that the present Appeal pending before this Hon’ble Court may be converted into a Civil Revision Petition under Article 227 of the Constitution of India, 1950 invoking the supervisory jurisdictionofthisHon’bleCourt.
i'
lA NO: 8 OF 2024
Petition under Section 151 CPC praying that in thecircumstancesstatedin the affidavit filed in support of the petition, the High Court may be pleased to direct the CMA No. 489 of 2024 to be listed before this Hon’ble Court under the Caption ‘For Being Mentioned’, for directing theamendmentoftheorder dated 30.07.2024 passed in I.A. No. 5 of 2024 in CMA No. 489 of 2024;
Counsel for the Appellant : SRI KIRAN KUMAR VADLAMUDI
Counsel for the Respondents : SRI VIVEKANANDA VIRUPAKSHA
The Court made the following JUDGEMENT :
APHC010287352024
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)
[3488]
WEDNESDAY, THE ELEVENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR
THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO
THE HONOURABLE SRI JUSTICE HARINATH.N
CIVIL MISCELLANEOUS APPEAL NO: 489/2024
Between:
Rashtriyalspat Nigam Limited
...APPELLANT
AND
Air Liquide India Holding Private Limited
...RESPONDENT
Counsel for the Appellant:
1.KIRAN KUMAR VADLAMUDI
Counsel for the Respondent:
The Court made the following Judgment:
(per Hon’ble Sri Justice R Raghunandan Rao)
The learned counsel for the appellant seeks to withdraw this Civil Miscellaneous Appeal with liberty to pursue his remedies before an
appropriate forum.
Accordingly, the present Civil Miscellaneous Appeal is dismissed as
withdrawn with liberty. There shall be no order astocosts.
As a sequel, interlocutory applications pending, if any, shall stand
closed.
SD/- M.RAMESH BABU DEPUTY REGISTRAR A
//TRUE COPY//
SEC^tSrS^ICER
To,
TAC
43*
HIGH COURT DATED:11/09/2024
JUDGMENT
CMA.No.489 of 2024
5 2 7 SEP m
. Current Section ^
V^S^ATC«^S<^
DISMISSING THE CMA AS WITHDRAWN
1 issue framed by the court
Whether the Civil Miscellaneous Appeal under Section 37 of the Arbitration and Conciliation Act, 1996 should be disposed of?
3 provisions across 3 enactments
Rashtriya Ispat Nigam Limited
Air Liquide India Holding Private Limited
R RAGHUNANDAN RAO
HARINATH.N
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
