Allowed

Balasore Alloys Limited v. India Coke and Power Private Limited & Anr.

Delhi HC10 Sept 2024ARB.P./934/2024

Case brief

AI extract

What is this about?

Section 11(6) petition for arbitrator appointment over five supply agreements. Respondent No.1 consented; claim against respondent No.2 not pressed. Court appointed a retired judge as sole arbitrator, referred disputes to DIAC, left all contentions open, and disposed of the petition.

What did the court decide?

Sole arbitrator appointed; disputes between petitioner and respondent No.1 referred to arbitration under DIAC; petition disposed of accordingly.

Balasore Alloys Limited Vs India Coke and Power Private Limited… — Arbitration | Delhi HC (2024)

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$~5

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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ARB.P. 934/2024, I.A. 32473/2024, I.A. 37400/2024 BALASORE ALLOYS LIMITED .....Petitioner Through: Mr. Akhil Sibbal, Sr. Adv., Mr. Sandeep S. Ladda, Mr. Apoorv Shukla, Ms. Prabhleen Ashikla, Mr. Puneet Chahar, Ms. Sugandhjahi, Mr. Ridhie Bajaj, Advs.

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versus

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INDIA COKE AND POWER PRIVATE LIMITED & ANR.

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.....Respondents Through: Mr. Rajnish Sinha, Ms. Monika Bharati, Advs. Mr. Shashwat Singh, Mr. Rahul Kanoujia, Advs. for R-1.

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CORAM: HON'BLE MR. JUSTICE JASMEET SINGH O R D E R % 10.09.2024

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This is a petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeking appointment of an arbitrator to adjudicate the disputes between the parties arising out HSS Agreements dated 26.08.2019, 18.11.2019 and 16.04.2020, Buy-Back Agreements dated 13.04.2021 and 28.03.2022.

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Mr. Singh, learned counsel appears for the respondent No. 1 and has no objection if the disputes arising out of the 5 agreements stated above are referred to a Sole Arbitrator.

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At this stage, Mr. Sibbal, learned counsel for the petitioner on instructions does not press any claim against respondent No. 2 and hence the disputes between the petitioner and the respondent No. 1 arising out of the 5

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 00:04:55

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agreements stated above are referred to arbitration.

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For the said reasons, the petition is allowed and the following directions are issued:-

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i) Mr. Madan Bhimrao Lokur, (Retd. Judge) (Mob. No. 9868219007) is appointed as a Sole Arbitrator to adjudicate the disputes between the parties.

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ii) The arbitration will be held under the aegis of the Delhi International Arbitration Centre, Delhi High Court, Sher Shah Road, New Delhi (hereinafter, referred to as the ‘DIAC’).

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iii) The remuneration of the learned Arbitrator shall be in terms of the Fourth Schedule of the Arbitration & Conciliation Act, 1996.

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iv) The learned Arbitrator is requested to furnish a declaration in terms of Section 12 of the Act prior to entering into the reference.

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v) It is made clear that all the rights and contentions of the parties, including as to the arbitrability of any of the claim, any other preliminary objection, as well as claims/counter-claims and merits of the dispute of either of the parties is left open for adjudication by the learned arbitrator.

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vi) The parties shall approach the learned Arbitrator within two weeks from today.

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The petition is disposed of in the aforesaid terms.

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JASMEET SINGH, J

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SEPTEMBER 10, 2024/NG

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Balasore Alloys Limited v. India Coke and Power Private Limited & Anr.

Case brief

What is this about?

What did the court decide?

Balasore Alloys Limited v. India Coke and Power Private Limited & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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