M/s.Edac Engineering Limited v. Bava Erectors
Case brief
What is this about?
This is an order appointing an arbitrator under Section 11(4) of the Arbitration and Conciliation Act, 1996. The court rejected the argument that pending NCLT proceedings under the IBC barred the appointment, noting only a presentation paper was produced. Upon consent, the court appointed a former judge as sole arbitrator.
What did the court decide?
Appointment of Hon'ble Mr. Justice V. Parthiban as Sole Arbitrator to resolve the dispute.
What the court decided
Arb.O.P (Com.Div.) No. 301 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.09.2024
CORAM
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU
Arb.O.P (Com.Div.) No. 301 of 2024
M/s.EDAC Engineering Limited Rep. By its Whole Time Director Mr.B.Valavan Having its registered office at Old No. 97, New No.88 Mount Road, Guindy Chennai-600032. ...Petitioner
-vs-
Bava Erectors D-20/D Italian Avenue Block 27, Neyveli-607803. ... Respondent
PRAYER: Arbitration Original Petition filed under Section 11(4) of the Arbitration and Conciliation Act, 1996 to appoint an Arbitrator in terms of Section 11(4) of the Arbitration and Conciliation Act, 1996 on behalf of the respondent and to resolve the disputes that have been arisen between the petitioner and the respondent.
For Petitioner : Mr. K.Balamurali for M/s.Shivakumar & Suresh For Respondent : Mr.S.Sidhartha Vishnu for M/s.Krishna Law Associates
Issues for consideration
1 issue framed by the court
Whether the National Company Law Tribunal (NCLT) prosecution under Section 9 of the Insolvency and Bankruptcy Code, 2016 bars the appointment of an arbitrator under Section 11(4) of the Arbitration an
Parties & counsel
- petitioner
M/s.EDAC Engineering Limited
- respondent
Bava Erectors
Coram
K KUMARESH BABU
Case details
As recorded by the court registry
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