Ge Vernova T and D India Ltd. v. Bgr Energy Systems Ltd.
Case brief
What is this about?
Consent appointment of sole arbitrator; Madras High Court Common Order dated 20-02-2025 in OA No. 6 of 2025 and ARB APPLN Nos. 10 and 9 of 2025; GE Vernova T and D India Ltd (styled Applicant(s) in the OA and Appellant(s) in the Arb Applns) v. BGR Energy Systems Ltd (first respondent) and another; underlying contracts: Purchase Order dated 05.07.2018 and Letter of Award dated 30.06.2018; arbitrator appointed: Hon'ble Justice S.Muralidhar (Retd.), Former Chief Justice of Orissa High Court, New Delhi; bank guarantee encashment of Rs.23,15,897/- to be retained by first respondent without disbursement pending arbitration; liberty reserved under Section 17 of the Arbitration and Conciliation Act; advocates: Ms.Ashwini Vidialingam.D for applicant/appellant, Ms.Abishek Jenasenan for first respondent; no cases or precedents cited; no dissent; single-judge bench.
What did the court decide?
O.A.No.6 of 2025 and Arb.Appln Nos.9 and 10 of 2025 disposed of: (i) Hon'ble Justice S.Muralidhar, Former Chief Justice, Orissa High Court, appointed sole arbitrator on the parties' mutual agreement; (ii) undertaking of the first respondent recorded that the Bank-guarantee encashment proceeds of Rs.23,15,897/- shall be retained by it, without disbursement, pending the final arbitration decision; (iii) liberty reserved to the applicant to apply to the Arbitrator under Section 17 of the Arbitration and Conciliation Act in respect of the retained monies.