Disposed

M/S.Bansal Infra Projects Pvt. Ltd. v. M/S. Jindal Steel and Power Ltd.

Orissa HC11 Sept 2024ARBP/36/2024

Case brief

AI extract

What is this about?

Section 11(4) arbitration petition seeking appointment of a third arbitrator after the two party-appointed arbitrators failed to agree, as provided in clause 58.3 of the agreement. With consent of counsel, the Chief Justice appointed a former Supreme Court Judge as third arbitrator and disposed of the petition.

What did the court decide?

Mr. Justice Ananga Kumar Patnaik, Former Judge, Supreme Court of India, appointed as third arbitrator; copy of order to be communicated to him.

M/S.Bansal Infra Projects Pvt. Ltd. Vs M/S. Jindal Steel and… — Arbitration | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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ARBP No. 36 of 2024

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M/s. Bansal Infra Projects Pvt. Ltd. …. Petitioner

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Mr. P.C. Nayak, Advocate

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-versus-

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M/s. Jindal Steel and Power Ltd. and …. Opposite Parties another

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Mr. Sudarsan Nanda, Advocate

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CORAM:

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HON’BLE THE CHIEF JUSTICE

Order No.

02.

ORDER 11.09.2024

This matter is taken up through Hybrid mode.

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This is an application filed under Section 11(4) of the Arbitration and Conciliation Act, 1996 for appointment of third Arbitrator as the two Arbitrators, each appointed by the petitioner and the opposite parties, have failed to agree on the third Arbitrator.

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Clause 58.3 of the Arbitration Agreement reads as under:-

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“58.3 Arbitration shall be in accordance with the provisions of the Indian Arbitration and Conciliation Act 1996 as amended from time to time.

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Upon the failure of the negotiation process as set out in clause 58.1 & 58.2 above, either Party may seek the reference of the Dispute/Disputes to arbitration by serving upon the other a written demand that such matter be arbitrated. Written demand shall include a brief description of the Dispute/Disputes and shall specify the name and address of an arbitrator selected by him. The other Party shall within 20 days of receipt of the arbitration demand select his arbitrator and provide the name and address of such arbitrator to the

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demanding Party and his arbitrator. The two selected arbitrators shall within 15 days of the selection of the second arbitrator select the third arbitrator. In case the two arbitrators are not able to agree on the third arbitrator, the same shall be appointed as per the Indian Arbitration and Conciliation Act 1996 as amended from time to time.”

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With the consent of learned counsel representing the parties, Mr. Justice Ananga Kumar Patnaik, Former Judge, Supreme Court of India, K-34A, Ground Floor, Hauz Khas Enclave, New Delhi110016, is hereby appointed as the third Arbitrator.

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This arbitration petition stands disposed of accordingly.

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A copy of this order be communicated to the learned Arbitrator forthwith.

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(Chakradhari Sharan Singh) Chief Justice

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Arun Mishra/M. Panda

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Signature Not Verified

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Digitally Signed Signed by: ARUN KUMAR MISHRA Designation: ADR-cum-Addl. Principal Secretary Reason: Authentication Location: High Court of Orissa, Cuttack Date: 19-Sep-2024 11:32:46

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M/S.Bansal Infra Projects Pvt. Ltd. v. M/S. Jindal Steel and Power Ltd.

Case brief

What is this about?

What did the court decide?

M/S.Bansal Infra Projects Pvt. Ltd. v. M/S. Jindal Steel and Power Ltd.

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

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