Madras High Court
Vasavi Power Services Pvt Ltd vs Bharat Heavy Electricals Limited on 28 July, 2021
Author: N. Sathish Kumar
Bench: N. Sathish Kumar
Arb.O.P.(Comml) No.3 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 28/7/2021
CORAM
THE HONOURABLE Mr.JUSTICE N. SATHISH KUMAR
Arb.O.P.(Comml). No.3 of 2021
Vasavi Power Services Pvt Ltd
rep. By its Managing Director
Mr.N.Kiran Kumar
having their Registered Office at
Door No.4-13, Ibrahim Patnam
Vijayawakada Krishna District
Andhra Pradesh 521 456. ... Petitioner
Vs
Bharat Heavy Electricals Limited
Registered Office: BHEL House
Siri Fort, New Delhi 110 049
Local Office: Power Sector: Southern Region
690, 6th Floor EVR Periyar Building
Anna Salai, Nandanam
Chennai 600 035. ... Respondent
PRAYER : Petition filed under Section 11 (6) of the Arbitration and
Conciliation Act, 1996 to appoint a sole independent and impartial Arbitrator to
adjudicate and decide the disputes between the parties.
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Arb.O.P.(Comml) No.3 of 2021
For Petitioner ... Mr.Deepika Murali
For Respondent ... Mr.A.V.Arun
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ORDER
This Arbitration Original Petition (Commercial) has been filed, to appoint a sole independent and impartial Arbitrator, to adjudicate and decide the disputes between the parties.
2. As the dispute arose in the Agreement, dated 22/6/2011, entered between the parties, this petition has been filed for appointment of an Arbitrator. There is no dispute with regard to the arbitration Clause in the contract. The only objection raised by the learned counsel for the respondent is that the claim is barred by limitation and whereas it is the contention of the petitioner that though the claim is barred by limitation, there is exchange of papers, during the period of limitation. The rival contentions with regard to the limitation requires evidence. At this stage, this Court cannot embark upon the enquiry. Though the issue of limitation is raised by the respondent, the same can be agitated before the learned Arbitrator.
3. Both the parties had agreed for resolving in a way of arbitration and Page No:2/5 http://www.judis.nic.in Arb.O.P.(Comml) No.3 of 2021 with the consent of both sides, this Court is inclined to appoint Mr.Justice K.Ravichandrabaabu, Former Judge of Madras High Court, as an Arbitrator, to arbitrate the disputes between the parties.
4. Accordingly, this original petition is ordered as follows:
i) Mr.Justice K.Ravichandrabaabu, Former Judge of Madras High Court, 1 D, Cresent Castle, 13/6, II Cresent, Park Road, Gandhi Nagar, Adyar, Chennai 20, (Mobile Nos.9498033336 and 9444011433) is appointed as a Sole Arbitrator to enter upon reference and adjudicate the matter.
ii] The learned sole Arbitrator appointed herein, shall after issuing notice to the parties and upon hearing them, pass an award as expeditiously as possible, preferably within a period of six months from the date of receipt of the Order.
Page No:3/5 http://www.judis.nic.in Arb.O.P.(Comml) No.3 of 2021 iii] The learned sole Arbitrator appointed herein shall be paid fees and other incidental charges, fixed by him and the same shall be borne by the parties equally.
5. This Original Petition is ordered accordingly, leaving the parties to bear their own costs.
28/7/2021 Index : Yes / No Internet: Yes/No Speaking/non speaking order mvs.
To Mr.Justice K.Ravichandrabaabu, Former High Court Judge, 1 D, Cresent Castle, 13/6, II Cresent, Park Road, Gandhi Nagar, Adyar, Chennai 20.
(Mobile Nos.9498033336 and 9444011433) N. SATHISH KUMAR, J Page No:4/5 http://www.judis.nic.in Arb.O.P.(Comml) No.3 of 2021 mvs.
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