Jharkhand High Court
Geetanjali Enterprises ... vs Sail Bokaro Steel Plant Represented By ... on 11 August, 2017
Author: Aparesh Kumar Singh
Bench: Aparesh Kumar Singh
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Arbitration Application No. 18 of 2017
Geetanjali Enterprises Proprietorship Firm, Bokaro
represented by Brijesh Kumar Singh ....... Applicant
Vrs.
1.SAIL, Bokaro Steel Plant represented by Chief Executive Officer, Bokaro
2.The Executive Director (Project), SAIL, Bokaro Steel Plant, Bokaro
.... Respondents
.......
CORAM: HON'BLE MR. JUSTICE APARESH KUMAR SINGH
For the Applicant :Mr. Gopi Nath Chandra
For the Respondents : Mr. Indrajit Sinha
05/11.08.2017The order dated 4.8.2017 reads as under:-
"Heard counsel for the parties.
Applicant has invoked Clause-10 of the main agreement read with Clause-6 of the general conditions of the contract for appointment of an independent arbitrator to adjudicate in respect of the dispute between the parties arising out of the agreement dated 27 th May, 2005 for setting up Cast House Slag Granulation Disposal System Cast House No. 7 & 8 of Blast Furnace no. 4 at Bokaro Steel Plant. Applicant served a notice dated 26 th December, 2016 (Annexure-9) requesting the respondents to appoint an independent arbitrator within 30 days, failing which it shall have to invoke the provisions of Section 11 (6) of the Arbitration and Conciliation Act 1996 for appointment of an independent arbitrator to adjudicate the dispute.
According to the counsel for the applicant notice dated 09 th June, 2016 contains the details of the dispute relating to outstanding claim of Rs. 5,39,14,741/- in relation to the execution of the works under the said contract. After notice respondents have entered appearance.
Learned counsel for the parties agree for appointment of sole arbitrator instead of panel of three arbitrators by this Court to adjudicate upon the dispute between the parties as referred under Clause-10 of the agreement.
Having regard to the convergence of the parties on this issue, this Court proposes to appoint Mr. M.K. Laik, Senior Advocate of this Court to act as an independent arbitrator to adjudicate the dispute between the parties. Parties are directed to furnish a declaration under Section 12 of the Amendment Act 03 of 2016 by the proposed arbitrator before the next date.
Accordingly, post the matter on 11.08.2017 as an unfixed case for furnishing the said declaration.
The declaration has been submitted by the proposed Arbitrator, Dr.M.K.Laik, Senior Advocate of this Court in terms of Section 12 of the Arbitration and Conciliation Act, 1996 as amended by Act no. 03 of 2016. This Court therefore appoints Dr. M.K.Laik as an independent Arbitrator to adjudicate the dispute between the parties. Learned Arbitrator is at liberty to fix his fees and other expenses to be borne by the parties equally, however, keeping in mind the principles enshrined in Schedule IV of the Act of 1996, as amended. Learned Arbitrator would also endeavour to conclude the -2- proceedings in the spirit of Section 29A of the Act of 1996.
Learned Registrar General of this Court is hereby directed to send copy of the instant order along with the entire pleadings of the arbitration application to learned Arbitrator appointed by this Court.
The instant application stands disposed of accordingly.
(Aparesh Kumar Singh, J.) A.Mohanty