Ars Steels and Alloy International Private Limited Vs Hexis… — Arbitration | Madras HC (2025)

Ars Steels and Alloy International Private Limited Vs Hexis… — Arbitration | Madras HC (2025)

What the court decided

AI extract

Outcome

Appointment of Hon'ble Mr.Justice F.M.Ibrahim Kalifulla (Retd.), a Former Judge of the Supreme Court, as sole Arbitrator for the disputes arising out of the Power Purchase Agreement dated 18.08.2023, the Share Subscription and Shareholder's Agreement dated 23.08.2023 and the Deed of Corporate Guarantee dated 09.02.2024; treatment of the Section 9 applications as Section 17 applications for the arbitrator to decide on merits; refund of any excess Court fees paid by the applicant.

Issue for consideration

Whether, on the joint endorsement of both counsels, a sole arbitrator should be appointed to adjudicate the disputes between the applicant and the respective respondents arising out of the Power Purchase Agreement dated 18.08.2023, the Share Subscription and Shareholder's Agreement dated 23.08.2023 and the Deed of Corporate Guarantee dated 09.02.2024. +1 more

Court's answer

On the joint endorsement of both counsels, the Court appointed Hon'ble Mr.Justice F.M.Ibrahim Kalifulla (Retd.), a Former Judge of the Supreme Court, as the sole Arbitrator to decide the dispute between the applicant and the respective respondent arising out of the Power Purchase Agreement dated 18.08.2023, the Share Subscription and Shareholder's Agreement dated 23.08.2023 and the Deed of Corporate Guarantee dated 09.02.2024.

Ratio / Principle

The Arbitrator shall be paid his remuneration / fees in accordance with the 4th schedule of the Arbitration and Conciliation Act, 1996 or as per the mutual consent of both the parties.

Key takeaways

Both the parties shall equally share the arbitrator's fees.ratio¶35
The Arbitrator shall conduct the arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996 and shall complete the arbitration within the specified time as prescribed under the said Act.ratio¶37
The applications filed under Section 9 of the Arbitration and Conciliation Act, 1996 are treated as applications filed under Section 17 of the Arbitration and Conciliation Act, 1996, and the arbitrator shall decide these applications on merits and in accordance with law.

Detailed headnote1 paragraphs

Madras High Court (Abdul Quddhose J., 14.08.2025) disposed of Arb.Appln.Nos.534 to 539 of 2025 - Section 9 applications of the Arbitration and Conciliation Act, 1996 filed by ARS Steels & Alloy International Private Limited against Hexis Renewables Private Limited (Applns.534-538) and Cleantech Solar India OA2 Pte. Ltd. (Appln.539). On a joint endorsement by both sides' counsel, on instructions, that the parties were agreeable to arbitrate, the Court appointed Hon'ble Mr.Justice F.M.Ibrahim Kalifulla (Retd.), a Former Judge of the Supreme Court, as sole Arbitrator for the disputes arising out of the Power Purchase Agreement dated 18.08.2023, the Share Subscription and Shareholder's Agreement dated 23.08.2023 and the Deed of Corporate Guarantee dated 09.02.2024. Directions issued: arbitrator's fees per the 4th Schedule of the 1996 Act or as per mutual consent, to be shared equally by both parties; arbitration to be conducted in accordance with the 1996 Act and completed within the prescribed time. At the parties' request, the Section 9 applications were treated as applications under Section 17 of the Act for the arbitrator to decide on merits and in accordance with law; the Registry was directed to refund any excess Court fees paid by the applicant.

Arb.Appln.Nos.534 to 539 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.08.2025

CORAM

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE

Arb.Appln.Nos.534 to 539 of 2025

ARS Steels & Alloy International Private Limited

... Applicant in all applications

Vs.

1.Hexis Renewables Private Limited ... Respondent in

Arb.Appln.Nos.534 to 538 of 2025

2.Cleantech Solar India OA2 Pte. Ltd. ... Respondent in Arb.Appln.No.539 of 2025

For Applicant : Mr.Srinath Sridevan (in all applications) Senior Counsel for M/s.P.S.Suman For Respondent : Mr.Satish Parasaran (in all applications) Senior Counsel for M/s.Subhang P. Nair *****

COMMON ORDER

A joint endorsement has been made by both the counsels, on instructions,

that the parties are agreeable to go for arbitration before the Hon'ble Mr.Justice F.M.Ibrahim Kalifulla (Retd.), a Former Judge of Supreme Court to adjudicate

the dispute between the applicant and the respective respondent arising out of

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Arb.Appln.Nos.534 to 539 of 2025

the Power Purchase Agreement dated 18.08.2023, Share Subscription and Shareholder's Agreement dated 23.08.2023 and Deed of Corporate Guarantee dated 09.02.2024. They have also made an endorsement making a request before this Court to treat these Section 9 applications filed before this Court, namely Arb.Appln.Nos.534 to 539 of 2025 as applications filed under Section 17 of the Arbitration and Conciliation Act, 1996, to enable the arbitrator to pass appropriate orders in those applications.

In view of the joint endorsement made by both the counsels, on

instructions, this Court is disposing of these applications by issuing the following directions:

(a) Hon'ble Mr.Justice F.M.Ibrahim Kalifulla (Retd.), a Former Judge of Supreme Court, having office at No.22, Sivananda Road, Gill Nagar Extn., Choolaimedu, Chennai – 600 094 ( Mobile No.75500 48928) is appointed as the sole Arbitrator to decide the dispute between the applicant and the respective respondent arising out of the following contracts :

(a) Power Purchase Agreement dated 18.08.2023;

(b) Share Subscription and Shareholder's Agreement dated

23.08.2023; and

(c) Deed of Corporate Guarantee dated 09.02.2024.

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Arb.Appln.Nos.534 to 539 of 2025

(b) The Arbitrator shall be paid his remuneration / fees in accordance

with the 4^th schedule of the Arbitration and Conciliation Act, 1996 or as per the

mutual consent of both the parties;

(c) Both the parties shall equally share the arbitrator's fees;

(d) The Arbitrator shall conduct the arbitration in accordance with the

provisions of the Arbitration and Conciliation Act, 1996 and shall complete the arbitration within the specified time as prescribed under the said Act.

These applications, which have been filed under Section 9 of the

Arbitration and Conciliation Act, 1996 are treated as applications filed under Section 17 of the Arbitration and Conciliation Act, 1996 and the arbitrator shall decide these applications on merits and in accordance with law.

With the aforesaid directions, these applications are disposed of. In

case, any excess Court fees had been paid by the applicant in any of these applications, the Registry is directed to refund the same to the applicant.

14.08.2025

Index : Yes/No Speaking Order : Yes / No Neutral Citation Case: Yes / No sp

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Arb.Appln.Nos.534 to 539 of 2025

ABDUL QUDDHOSE. J.

sp

Arb.Appln.Nos.534 to 539 of 2025

14.08.2025

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