Bombay High Court
M/S. Jhajharia Nirman Pvt. Ltd., ... vs National Thermal Power Corporation ... on 18 March, 2016
Author: Z.A. Haq
Bench: Z.A. Haq
1 mca161.16
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
MISC. CIVIL APPLICATION NO.161 OF 2016
M/s. Jhajharia Nirman Private Ltd.
(now Ltd. since December, 2013),
a Company duly incorporated under the
Companies Act, 1956 and having registered
office at - WZ 688A-Shiv Nagar Extension,
Jail Road, Janakpuri - 110058, through its
Authorised Signatory and Power of Attorney
Holder Mr. Pratik s/o Naresh Agrawal. .... APPLICANT
VERSUS
1) National Thermal Power Corporation Ltd.,
(A Government of India Enterprise)
Post & Tahsil Mouda, Pin-441104, District
Nagpur, through its General Manager.
2) Rites Ltd.,
(Schedule 'A', Government of India
Enterprise, Ministry of Railways),
having office at Rites Bhawan, Kadbi
Chowk, Nagpur - 440014, through its
Group General Manager. .... NON-APPLICANTS
______________________________________________________________
Shri H.R. Gadhia, Advocate for the applicant,
Shri N.R. Rode, Advocate for the non-applicant No.1,
Shri N.P. Lambat, Advocate for the non-applicant No.2.
______________________________________________________________
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2 mca161.16
CORAM : Z.A. HAQ, J.
DATED : 18
MARCH, 2016
th
ORAL JUDGMENT :
1. Heard Shri H.R. Gadhia, Advocate for the applicant, Shri N.R. Rode, Advocate for the non-applicant No.1 and Shri N.P. Lambat, Advocate for the non-applicant No.2.
2. In response to the notice issued by this Court, the non-
applicant No.2 has filed the affidavit sworn by the Additional General Manager of the non-applicant No.2, stating that Shri R.N. Joshi has been appointed as the sole Arbitrator to resolve the dispute between the parties. The learned Advocate for the applicant submits that the grievance of the applicant does not survive as arbitrator is appointed, however, it is urged that as the cause of action has arisen at Nagpur, the arbitration is required to be conducted at Nagpur. The learned Advocate for the non-applicant No.2 has also expressed his willingness for conducting of the arbitration at Nagpur.
3. However, in view of the terms of agreement between the parties, the venue of arbitration has to be fixed by the arbitrator as per his discretion and therefore, in my view, it would not be appropriate to ::: Uploaded on - 21/03/2016 ::: Downloaded on - 31/07/2016 09:27:44 ::: 3 mca161.16 consider the request made on behalf of the applicant and non-applicant No.2 at this stage. The applicant and non-applicant No.2 are at liberty to make request to the learned Arbitrator and I hope and trust that the request would be considered in appropriate manner by the learned Arbitrator.
4. The application is disposed in the above terms. In the circumstances, the parties to bear their own costs.
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