Gujarat High Court
Heubach Colour Private Limited Through ... vs Narmada Clean Tech on 14 February, 2020
Author: Sonia Gokani
Bench: Sonia Gokani
C/IAAP/12/2020 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/PETN. UNDER ARBITRATION ACT NO. 12 of 2020
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HEUBACH COLOUR PRIVATE LIMITED THROUGH KIRTI RAMCHANDRA
PAWAR
Versus
NARMADA CLEAN TECH
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Appearance:
MR SHALIN MEHTA, Senior Advocate WITH
MR HEMANG M SHAH(5399) for the Petitioner
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CORAM: HONOURABLE MS JUSTICE SONIA GOKANI
Date : 14/02/2020
ORAL ORDER
1. This is a petition under the provisions of section 11 of the Arbitration and Conciliation Act, 1996 seeking the following main prayer :
"17(B). Your Lordships be pleased to appoint a sole arbitrator to resolve the disputes that have arisen between the petitioner and respondent pertaining to O&M charges as levied by respondent and in general wrongs and illegal actions of respondent as regards the manner, policy and formulation of charging O&M charges as are illegally and anti-contractually charges and therefore being specifically disputed by the petitioner herein requiring adjudication thereof through agreed course of arbitration Page 1 of 2 Downloaded on : Sun Mar 01 02:07:51 IST 2020 C/IAAP/12/2020 ORDER for which the constitution of arbitration tribunal is humbly sought for in the present petition;"
2. This Court heard Mr.Shalin Mehta, learned Senior Advocate appearing with Mr.Hemang Shah, appearing for the petitioner. He has drawn attention of this Court to the Agreement between the parties dated 23/11/2001 containing a clause of disputes and differences to be adjudicated by mechanism of arbitration by arbitral tribunal. He also submitted that notice had been given on 4/12/2019 which has been replied on 26/12/2019, raising the dispute that no endeavour was made to settle the dispute by mutual compromise. However, that endeavour also is borne from the communication dated 28/2/2019. He urged that the payment of O&M charges is to be made on the quantity and quality of affluent discharge by the unit and not on the basis of cost incurred by the respondent.
3. NOTICE, returnable on 28/2/2020 D.S. PERMITTED.
Over and above Direct Service, service by Speed Post or RPAD is also permitted.
Sd/-
(SONIA GOKANI, J) RAFIK Page 2 of 2 Downloaded on : Sun Mar 01 02:07:51 IST 2020