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Supreme Court - Daily Orders

Aban Offshore Ltd vs Hardy Exploration & Production Inc. on 14 February, 2014

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ITEM NO.402                   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. 31 OF 2013

ABAN OFFSHORE LTD                                       Petitioner(s)

                   VERSUS

HARDY EXPLORATION & PRODUCTION INC.                     Respondent(s)

Date: 14/02/2014    This Petition was called on for hearing today.

CORAM :
          HON’BLE MR. JUSTICE SURINDER SINGH NIJJAR


For Petitioner(s)
                         Mr. Rahul Narayanan, Adv.
                         M/S. Dua Associates.

For Respondent(s)
                         Mr.   Dhruv Mehta, Sr. Adv.
                         Mr.   M.P. Jha, Adv.
                         Mr.   Ram Ekbal Roy, Adv.
                         Mr.   Harshvardhan Jha, Adv.
                         Mr.   Ajay Kumar Jha, Adv.
                         Mr.   Dileep Pillai, Adv.

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

The Arbitration Petition stands disposed of in terms of the signed order. No costs.

       [Nidhi Ahuja]                       [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. 31 OF 2013 ABAN OFFSHORE LTD ... Petitioner(s) VERSUS HARDY EXPLORATION & PRODUCTION INC. ... Respondent(s) O R D E R Learned counsel for the parties have agreed that the matter can be referred to arbitration.

Mr. Dhruv Mehta, learned senior advocate, has made a prayer that liberty may be granted to the petitioner to raise the issue of limitation and objection with regard to invocation of arbitration under section 21 of the Arbitration and Conciliation Act, 1996, before the Arbitrator.

Such liberty is granted to raise the aforesaid objection before the learned Arbitral Tribunal. The petitioner has already nominated Hon’ble Mr. Justice K. Ramamoorthy, former Judge of the High Court of Delhi, as its Arbitrator.

The respondent has now nominated Hon’ble Mr. Justice Ramesh Chandra Chopra, former Judge of the High Court of Delhi, as its Arbitrator.

I appoint Hon’ble Mr. Justice V. N. Khare, former Chief Justice of this Court, as the presiding Arbitrator.

The learned Arbitrators shall be at liberty to fix their own fees/ remuneration/ other conditions in consultation with the parties.

Let this order be communicated to the learned Arbitrators so that the arbitration proceedings can commence and conclude as expeditiously as possible.

The Arbitration Petition, accordingly, stands disposed of. No costs.

..................., J.

New Delhi; [SURINDER SINGH NIJJAR] February 14, 2014.