Supreme Court - Daily Orders
Adsun Middle East Fze vs L And T Hydrocarbon Engineering Ltd. on 8 October, 2021
Author: Chief Justice
Bench: Chief Justice, Surya Kant, Hima Kohli
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
ARBITRATION PETITION (C)No.1 OF 2021
ADSUN MIDDLE EAST FZE … PETITIONER
Versus
L AND T HYDROCARBON ENGINEERING LTD. … RESPONDENT
O R D E R
The Court is convened through Video Conferencing.
In this petition, prayer has been made by the petitioner
under Section 11(6) read with Section 11(12) of the Arbitration and
Conciliation Act, 1996 and the Appointment of Arbitrators by the
Chief Justice of India Scheme, 1996 to appoint an Arbitrator in
terms of Clause 27 of the General Conditions of Contract included in
the Sub-contract to adjudicate upon the dispute arisen between the
parties.
Learned counsel for the respondent vehemently opposed the
prayer for appointing an arbitrator and submitted that there is no
agreement between the parties which enable the petitioner to
approach this Court for appointment of an arbitrator.
Having heard learned counsel for the parties and taking
into consideration the nature of controversy involved in the present
Arbitration Petition, prima facie we are of the view that the
present case be referred to the arbitrator. We, accordingly, appoint
Mr. Abhinav Chandrachud, a practicing lawyer of the Bombay High
Signature Not Verified
Court, as the Sole Arbitrator to adjudicate the dispute between the
Digitally signed by
SATISH KUMAR YADAV
Date: 2021.10.20
17:45:30 IST
Reason:
parties. The parties are at liberty to raise all the issues before
the Arbitrator.
2
The Arbitrator appointed by us will proceed with the
matter after complying with the provisions of Section 12 of the
Arbitration and Conciliation Act, 1996.
The Arbitrator shall have the liberty to fix his own
remuneration and the place of arbitration.
The Arbitration Petition stands allowed in the above
terms.
The Registry is directed to communicate the instant order
to the learned Arbitrator.
.........................CJI.
(N.V. RAMANA)
..............…………….......J.
(SURYA KANT)
..............…..........J.
(HIMA KOHLI)
NEW DELHI;
OCTOBER 08, 2021.
ITEM NO.30 Court 1 (Video Conferencing) SECTION XVI-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Arbitration (Civil) No(s).1/2021
ADSUN MIDDLE EAST FZE Petitioner(s)
VERSUS
L AND T HYDROCARBON ENGINEERING LTD. Respondent(s)
(FOR ADMISSION)
Date : 08-10-2021 This petition was called on for hearing today.
CORAM :
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE SURYA KANT
HON'BLE MS. JUSTICE HIMA KOHLI
For Petitioner(s) Mr. Ashwin Shankar, Adv.
Mr. Amit Agrawal, AOR
Mr. Siddharth Nath, Adv.
Mr. Kunal Naik, Adv.
Mr. Ishan Karki, Adv.
Ms. Radhika Yadav, Adv.
Mr. Rahul Kukreja, Adv.
Mr. Naman Khatwani, Adv.
For Respondent(s) Mr. Rajshekhar Rao, Sr.Adv.
Mr. Mahfooz Ahsan Nazki, AOR
Mr. Alok Jain, Adv.
Ms. Manasi Kalvit, Adv.
UPON hearing the counsel the Court made the following
O R D E R
The Court is convened through Video Conferencing. The Arbitration Petition stands allowed in terms of the signed order.
The Registry is directed to communicate the instant order to the learned Arbitrator.
(SATISH KUMAR YADAV) (R.S. NARAYANAN) DEPUTY REGISTRAR COURT MASTER (NSH) (Signed order is placed on the file)