M/s Bygging India Limited v. Ncc Limited
Case brief
What is this about?
In this arbitration application filed under Section 11 of the 1996 Act, the Telangana High Court appointed S. Justice L. Narasimha Reddy as the sole arbitrator to resolve disputes between Itil/s Bygging lndia Limited and NCC Limited. The court directed equal sharing of costs.
What did the court decide?
Appointment of Sri Justice L. Narasimha Reddy as the sole Arbitrator.
What the court decided
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
WEDNESDAY,THE SIXTEENTH DAY OF IVARCH TWO THOUSAND AND TWENTY TWO
PRESENT
THE HONOURABLE SRI JUSTICE A.ABHISHEK REDDY
ARBITRATION APPLICATION NO: 73 OF 2021
Between:
Itil/s Bygging lndia Limited, 69 RNA Arcade, 1st fioor, Lokhandwala Complex, Andheri (West) Mumbai-400053 Rep. by its CEO, Mr. R.B.Jhalani.
PETITIONER
AND
NCC Limited, NCC House, Madhapur, Telangana, Hyderabad - 500 081, lndia
Rep. by its Managing Director tr/r. A.A.V.Ranga Raju.
.,.RESPONDENT
Application under Section 11 (5) of the Arbitration and Conciliation Act, 1996 read with Scheme of Appointment of Arbitrators 2000praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to appoint an arbitrator to resolve the disputes between the Applicant and the Respondent arising out of the L.O.A. daled 27-02-2013 entered into between the Applicant and the Respondent and award the costs of thepresent a pplication to the Applicant.
Issues for consideration
3 issues framed by the court
Whether the High Court should appoint a sole arbitrator to resolve disputes under the Indo-Swedish Arbitration and Conciliation Act, 1996, Section 11(5) when parties could not agree on the arbitrator.
What measures should be taken under the Act when no agreement exists on the identity of the arbitrator.
Whether the costs and expenses of the arbitration proceedings should be borne equally by both parties.
Parties & counsel
- petitioner
Itil/s Bygging lndia Limited
- respondent
NCC Limited
Coram
A. Abhishek Reddy
Case details
As recorded by the court registry
- Court
- Telangana HC
- Decided on
- · March
- Registered
- Case no.
- ARBAPPL/73/2021
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