Supreme Court - Daily Orders
Voith Hydro Joint Venture vs Ntpc Ltd on 9 April, 2014
èITEM NO.401 COURT NO.8 SECTION XVIA
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
ARBITRATION PETITION NO. 38 OF 2013
VOITH HYDRO JOINT VENTURE Petitioner(s)
VERSUS
NTPC LTD Respondent(s)
Date: 09/04/2014 This Petition was called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE SURINDER SINGH NIJJAR
For Petitioner(s) Mr. Ciccu Mukhopadhaya, Sr. Adv.
Mr. Manu Krishnan, Adv.
Mr. Omar Ahmad, Adv.
Mr. Sanjay Sarin, Adv.
for M/s Suresh A. Shroff & Co.
For Respondent(s) Mr. S.B. Upadhyay, Sr. Adv.
Mr. Tarkeshwar Nath, Adv.
Mr. Param Kr. Mishra, Adv.
Mr. Kaustuv P. Pathak, Adv.
Mr. Krishnan Mishra, Adv.
Ms. Sharmila Upadhyay, Adv.
UPON hearing counsel the Court made the following
O R D E R
The arbitration petition is disposed of in terms of the signed order. No costs.
(VINOD LAKHINA) (INDU BALA KAPUR)
COURT MASTER COURT MASTER
(SIGNED ORDER IS PLACED ON THE FILE) IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION ARBITRATION PETITION NO. 38 OF 2013 VOITH HYDRO JOINT VENTURE ...PETITIONER VERSUS NTPC LTD. ...RESPONDENT ORDER I have heard learned counsel for the parties at length.
It is brought to my notice that the respondent had already appointed Mr. Justice G.N. Ray, former judge of this Court, as an adjudicator. Mr. Ciccu Mukhopadhaya, learned Senior Counsel appearing for the petitioner, has also stated that the petitioner is prepared to appear before Mr. Justice G.N. Ray as an adjudicator but outside the provision contained in the General Conditions of Contract.
...2/-
:2:In my opinion, to avoid any further complications and to facilitate the arbitral process, it would be appropriate to issue appropriate directions for appointment of Mr. Justice G.N. Ray as the arbitrator for the respondent. This petition is disposed of by appointing Mr. Justice G.N. Ray, former judge of this Court, as the arbitrator of the respondent. The two learned arbitrators shall be at liberty to appoint the third arbitrator as stipulated under the Arbitration and Conciliation Act, 1996. The arbitration petition is disposed of in the above terms. No costs.
....................,J.
(SURINDER SINGH NIJJAR) NEW DELHI APRIL 09, 2014