M/s.Coastal Projects Limited, Rep.by its Official Liquidator, v. Bharat Heavy Electricals Limited, Represented by its Additional General Manager/Contracts

Madras HC15 Jun 2022Arb O.P(COM.DIV.)/123/2022

Case brief

AI extract

What is this about?

The High Court allowed the petition to withdraw an arbitration petition filed under Section 11 of the Arbitration and Conciliation Act, 1996, with liberty to file a fresh petition adding another consortium partner as a co-petitioner to adjudicate disputes.

What did the court decide?

Leave granted to withdraw the petition with liberty to file a fresh O.P. adding the consortium partner as a co-petitioner.

M/s.Coastal Projects Limited, Rep.by its Official Liquidator, Vs… — Arbitration | Madras HC (2022)

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Arb O.P.(Com. Div.) No.123 of 2022

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated : 15.06.2022

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CORAM

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THE HONOURABLE Mr.JUSTICE M.SUNDAR

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Arb O.P.(Com. Div.) No.123 of 2022

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M/s.Coastal Projects Limited Rep by its Official Liquidator Mr.Ravishankar Devarakonda No.3072, 14^th Cross, K.R.Road Shastri Nagar, BSK II Stage Bangalore – 560 095.

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... Petitioner

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Vs.

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Bharat Heavy Electricals Limited Represented by its Additional General Manager / Contracts Power Sector – Southern Region EVR Periyar Building 690, Anna Salai, Nandanam Chennai – 35. ... Respondent

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Arbitration Original Petition filed under Section 11(5) of the Arbitration and Conciliation Act, as amended by the Arbitration and Conciliation Amendment Act, 1996, praying (a) to appoint an arbitrator to adjudicate the disputes between the petitioner and the respondent in terms of Clause 2.21.1 of the General Conditions of Contract forming part of the Letter of Intent (LOI) dated 20.04.2012; (b) to direct the respondent to pay costs and (c ) to grant such further reliefs as this Court may deem fit under the circumstances of the case.

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https://www.mhc.tn.gov.in/judis 1/2

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Arb O.P.(Com. Div.) No.123 of 2022

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M.SUNDAR. J.,

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For Petitioner : Mr.S.Kamalakannan for Ms.K.Jayasudha

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O R D E R

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As another consortium partner has to be brought on Board, learned counsel for petitioner requests for leave of this Court to withdraw the captioned matter, so that he can file a fresh O.P. adding the other consortium partner as co-petitioner. Learned counsel has made an endorsement in the case file which reads as follows :

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“Permission to withdraw with liberty to file fresh O.P. for the same relief with consortium partner as a party.'

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In the light of narrative thus far, captioned Arb.O.P. is disposed of as closed/withdrawn albeit preserving all the rights of petitioner including the right to file a fresh Arb.O.P. under Section 11 of the Arbitration and Conciliation Act, 1996, with the same prayer by arraying the other consortium partner as co-petitioner. There shall be no order as to costs.

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15.06.2022

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Arb O.P.(Com. Div.) No.123 of 2022

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https://www.mhc.tn.gov.in/judis 2/2

M/s.Coastal Projects Limited, Rep.by its Official Liquidator, v. Bharat Heavy Electricals Limited, Represented by its Additional General Manager/Contracts

Case brief

What is this about?

What did the court decide?

M/s.Coastal Projects Limited, Rep.by its Official Liquidator, v. Bharat Heavy Electricals Limited, Represented by its Additional General Manager/Contracts

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

Case details

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