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Malco Energy Limited vs Senior Divisional Engineer on 18 July, 2023

Bench: S. Ravindra Bhat, Aravind Kumar

     ITEM NO.11                              COURT NO.8                       SECTION XII

                                   S U P R E M E C O U R T O F         I N D I A
                                           RECORD OF PROCEEDINGS

     SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 26982/2023

     (Arising out of impugned final judgment and order dated 16-11-2022
     in ARB. O.P.(COM. DIV) No. 484/2022 passed by the High Court of
     Judicature at Madras)

     MALCO ENERGY LIMITED                                                      Petitioner(s)

                                                      VERSUS

     SENIOR DIVISIONAL ENGINEER & ORS.                                         Respondent(s)

     (IA   No.129765/2023-CONDONATION   OF   DELAY  IN   FILING   and   IA
     No.129768/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT
     and     IA    No.129771/2023-PERMISSION     TO    FILE     ADDITIONAL
     DOCUMENTS/FACTS/ANNEXURES )

     Date : 18-07-2023 This petition was called on for hearing today.

     CORAM :
                             HON'BLE MR. JUSTICE S. RAVINDRA BHAT
                             HON'BLE MR. JUSTICE ARAVIND KUMAR


     For Petitioner(s)                Mr. Ishaan George, AOR
                                      Ms. Rukma George., Adv.

     For Respondent(s)


                              UPON hearing the counsel the Court made the following
                                                 O R D E R

Delay condoned.

Issue notice limited to the question of appointment of third arbitrator by the respondent (which is prima facie impermissible) having regard to Section 11(3) of the Arbitration and Conciliation Act, returnable in four weeks.

     (NEETA SAPRA)                                                       (BEENA JOLLY)
     COURT MASTER (SH)                                                 COURT MASTER (NSH)