Disposed

M/S. Affinique Tech v. M/S.Maithan Ispat Limited (Mesco UNIT-2)

Orissa HC28 Jan 2022ARBP/40/2021

Case brief

AI extract

What is this about?

This order appoints a sole arbitrator under Section 11 of the Arbitration Act to adjudicate commercial disputes arising from purchase orders between the petitioner and the respondent. The High Court disposed of the applications and appointed Shri K.M.H. Niamati as the arbitrator.

What did the court decide?

Appointment of Shri K.M.H. Niamati as the sole Arbitrator to adjudicate the disputes.

M/S. Affinique Tech Vs M/S.Maithan Ispat Limited (Mesco UNIT-2) — Arbitration | Orissa HC (2022)

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IN THE HIGH COURT OF ORISSA AT CUTTACK ARBP Nos.40, 41, 42 and 43 of 2021

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M/s. Affinique Tech

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…. Petitioner

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Mr. A. Satapathy, Advocate

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-versus-

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…. M/s. Maithan Ispat Limited (MESCO Opposite Parties Unit-2) and Another

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None

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CORAM: THE CHIEF JUSTICE

ORDER

Order No.

28.01.2022

The present petitions under Section 11 of the Arbitration and Conciliation (Amendment) Act, 2015 (‘Act’) seek the appointment of an Arbitrator to adjudicate the disputes between the Petitioner and the Opposite Party arising out of service order dated 25^th April, 2018 bearing “ Purchase Order No.3600000709 with scope of work for ‘60 TPH AFBC Boiler Sparger Hopper Modification’; Purchase Order No.3600000882 dated 15^th June, 2018 with scope of the work for modification of the ‘replacement of steam line isolation valve’; Purchase Order No.3600000777 dated 10^th May, 2018 with scope of the work for modification of the ‘AFBC Boiler overhauling and replacement of bed coil’ and Purchase Order No.3600000778 dated 11^th May, 2018 with scope of the work for modification of the ‘AFBC Boiler Economizer coil replacement’”.

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It is seen that despite service of notice, none appears for Opposite Party No.1. At the request of learned counsel for the Petitioner, the name of Opposite Party No.2 is deleted from array of the parties. Learned counsel for the Petitioner points out that the

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total claim excluding interest in all these cases is around Rs.52.00 lakh.

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The Court accordingly appoints Shri K.M.H. Niamati, learned Advocate of this Court as the sole Arbitrator to adjudicate the disputes between the parties. The arbitration shall take place under the aegis of the High Court of Orissa, Arbitration Centre.

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The arbitration petitions are disposed of accordingly. A copy of this order be communicated to the learned Arbitrator forthwith.

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As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available in the High Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide Court’s Notice No.4587, dated 25^th March 2020, modified by Notice No.4798, dated 15^th April, 2021 and Court's Office order circulated vide Memo Nos.514 and 515 dated 7^th January, 2022.

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(Dr. S. Muralidhar) Chief Justice

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S.K. Jena/P.A.

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M/S. Affinique Tech v. M/S.Maithan Ispat Limited (Mesco UNIT-2)

Case brief

What is this about?

What did the court decide?

M/S. Affinique Tech v. M/S.Maithan Ispat Limited (Mesco UNIT-2)

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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