Disposed

Ramjee Power Construction Limited through Sri Dharmendra Sharma v. Jharkhand Urja Vikas Nigam Limited through Its Chairman Cum Managing Director

Jharkhand HC14 Sept 2023A.APPL/3/2019

Case brief

AI extract

What is this about?

The High Court of Jharkhand, Ranchi appointed an independent arbitrator after receiving his declaration under Section 12 of the Arbitration and Conciliation Act, 1996, effectively disposing of the arbitration application.

What did the court decide?

Appointment of Hon'ble Mr. Justice Vinod Kumar Gupta (Retd.) as independent arbitrator.

Ramjee Power Construction Limited through Sri Dharmendra… — Arbitration | Jharkhand HC (2023)

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Arb. Application No.03 of 2019

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Arb. Application No.03 of 2019

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Ramjee Power Construction Limited, a public limited company duly incorporated under the Companies Act, having its registered office at Kumar Nivas, Bright lane, Kokar, P.O.- Lalpur, P.S.- Sadar, District- Ranchi-834001; through its duly authorized representative Sri Dharmendra Sharma, aged about 49 years, son of Sri Brijnandan Sharma, resident of Old H.B. Road, Kokar, P.O.- Lalpur, P.S.- Kokar, District- Ranchi … Petitioner

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Versus

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Jharkhand Urja Vikas Nigam Limited, through its Chairman-cumManaging Director, having its office at Engineering Building, HEC, Dhurwa, P.O. & P.S.- Dhurwa, District- Ranchi-834004;

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Chairman-cum-Managing Director, Jharkhand Urja Vikas Nigam Limited, having its office at Engineering Building, HEC, Dhurwa, P.O. & P.S.- Dhurwa, District- Ranchi-834004,

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Jharkhand Urja Sancharan Nigam Limited, through its Managing Director, having its office at Engineering Building, HEC, Dhurwa, P.O. & P.S.- Dhurwa, District- Ranchi-834004;

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Managing Director, Jharkhand Urja Sancharan Nigam Limited, having its office at Engineering Building, HEC, Dhurwa, P.O. & P.S.Dhurwa, District- Ranchi-834004;

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Chief Manager (Transmission), Jharkhand Urja Sancharan Nigam Limited, having its office at Engineering Building, HEC, Dhurwa, P.O. & P.S.- Dhurwa, District- Ranchi-834004

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… Respondents

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For the Petitioner : Mr. Pandey Neeraj Rai, Advocate Mr. Akchansh Kishore, Advocate Mr. Rohit Ranjan Sinha, Advocate For the Respondents : Mr. Sachin Kumar, Advocate ------ P R E S E N T

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HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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Arb. Application No.03 of 2019

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By the Court:- Heard the parties.

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A declaration has been furnished by the proposed arbitrator- Hon’ble Mr. Justice Vinod Kumar Gupta (Retd.), Former Chief Justice of this Court, vide his letter dated 18.08.2023, which is kept in the record.

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Learned counsel for both the parties jointly submit that an agreement has been entered into between the parties and there is arbitration clause and as per the said arbitration clause; vide order dated 28.07.2023, this Court had proposed to appoint Hon’ble Mr. Justice Vinod Kumar Gupta (Retd.), Former Chief Justice of this Court in exercise of its power under Section 11 (5) of the Arbitration and Conciliation Act, 1996. Since the proposed arbitrator Hon’ble Mr. Justice Vinod Kumar Gupta (Retd.), Former Chief Justice of this Court has furnished declaration in terms of Section 12 of the Arbitration and Conciliation Act, 1996, I hereby appoint Hon’ble Mr. Justice Vinod Kumar Gupta (Retd.), Former Chief Justice of this Court resident of E-31, ‘Jangpura Extension’, New Delhi, PIN-110014, mobile No. 9650333000 as independent arbitrator to adjudicate the dispute between the parties

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The learned Arbitrator would be free to lay down his fees and other expenses towards conduct of the arbitration proceeding keeping in view of the ceiling prescribed under Schedule 4 of the Arbitration and Conciliation Act, 1996.

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The learned Arbitrator would endeavor to conclude the proceeding expeditiously also taking into consideration the mandate of the legislature under Section 29 A of the Arbitration and Conciliation Act, 1996.

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Arb. Application No.03 of 2019

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Let the photocopy of the entire pleading along with the instant order, as well as the order dated 28.07.2023 , passed in this case by this court, be sent to the learned Arbitrator by the Registry.

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This Arbitration Application is disposed of accordingly.

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(Anil Kumar Choudhary, J . )

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High Court of Jharkhand, Ranchi Dated the 14^th of September, 2023 AFR/ Animesh

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Ramjee Power Construction Limited through Sri Dharmendra Sharma v. Jharkhand Urja Vikas Nigam Limited through Its Chairman Cum Managing Director

Case brief

What is this about?

What did the court decide?

Ramjee Power Construction Limited through Sri Dharmendra Sharma v. Jharkhand Urja Vikas Nigam Limited through Its Chairman Cum Managing Director

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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