Disposed

Ms. Sudhir Construction Infraspace Pvt. Ltd., Nagpur Thr, Authorized Signatory Mr.Ram Ratan Kanoogo v. Maharashtra State Electricity Transmission Co. Ltd., Nagpur Through Superintending Engineer

Bombay HC4 Jul 2024MCA/244/2024

Case brief

AI extract

What is this about?

Arbitration application under Section 11 concerning a construction contract dispute. Both sides agreed to appointment of Justice R.C. Chavan, former Bombay High Court judge, as sole arbitrator, in view of Section 12(5). Court proposed his appointment and directed disclosure.

What the court decided

AI extract

Ms. Sudhir Construction Infraspace Pvt. Ltd., Nagpur Thr… — Arbitration | Bombay HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR .

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MISC. CIVIL APPLICATION (ARBN) NO.244 OF 2024

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M/s Sudhir Construction Infraspace Pvt. Ltd. thr. its Authorized Signatory, Nagpur

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(Vs.)

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Maharashtra State Electricity Transmission Co. Ltd.Nagpur

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Office Notes, Office Memoranda of Coram,____________________________________________________________________ appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders.

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Mr. T.A. Mirza, Advocate for applicant. Mr. D.M. Kale, Advocate for non-applicant.

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CORAM : G.A. SANAP, J . DATE : 18.07.2024

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Heard learned Advocates for the parties. Perused the record and proceedings.

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This is an application under Section 11 of the Arbitration and Conciliation Act, 1996 (for short “ Act of 1996”) for appointment of Arbitrator. 3. It is the case of the applicant that construction work of administrative building at 132, KV S/Station premises, Mankapur District Nagpur was allotted to the applicant. The written contract was executed between the parties. The work order was issued to the applicant on 05.01.2017. It is stated that dispute arose between the parties with

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29 mca 244.24.odt..odt

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regard to the contract. It is stated that the contract has provided mechanism for resolution of the said dispute by way of arbitration. The applicant has stated that in order to resolve the dispute arising between the parties the Arbitrator is required to be appointed.

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The non-applicant has filed the reply and opposed the application. However, it is admitted by the non-applicant that the mechanism for resolution of dispute by way of Arbitration has been provided in the contract i.e. clause No.46.

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Learned Advocate initially submitted that in terms of this clause a panel of three Arbitrators consisting of serving or retired officers of MSETCL/ Government not below the grade of Chief Engineer/ Chief Accounts Officer be appointed as an Arbitrator.

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Learned Advocates for the parties, after arguing the matter for sometime submitted that in view of the mandate of Section 12 (5) of the Act of 1996 an independent person be appointed as an Arbitrator. Learned Advocates for the parties by

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consent stated the name of Shri Justice R.C. Chavan (Former Judge of Bombay High Court) as Sole Arbitrator.

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In view of the fact that mechanism for resolution of dispute by way of Arbitration has been provided under the contract, it is desirable to appoint the Sole Arbitrator in view of the consent accorded by the Advocates for the applicant and non-applicant.

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Accordingly, this Court proposes to appoint Shri Justice R.C. Chavan (Former Judge of Bombay High Court) as Sole Arbitrator.

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The Registrar (Judicial) to seek disclosure as per Sections 11(8) and 12(1) of the Arbitration and Conciliation Act, 1996.

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The Registry shall do the needful.

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Stand over to 25.07.2024.

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JUDGE

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manisha

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Signed by: Mrs. Manisha Shewale Designation: PA To Honourable Judge Date: 18/07/2024 18:16:22

Ms. Sudhir Construction Infraspace Pvt. Ltd., Nagpur Thr, Authorized Signatory Mr.Ram Ratan Kanoogo v. Maharashtra State Electricity Transmission Co. Ltd., Nagpur Through Superintending Engineer

Case brief

What is this about?

What the court decided

Ms. Sudhir Construction Infraspace Pvt. Ltd., Nagpur Thr, Authorized Signatory Mr.Ram Ratan Kanoogo v. Maharashtra State Electricity Transmission Co. Ltd., Nagpur Through Superintending Engineer

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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