Karnataka High Court
M/S. Bharat Heavy Electricals Limited vs M/S. Tecpro Systems Limited on 10 February, 2016
Author: S.Abdul Nazeer
Bench: S.Abdul Nazeer
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF FEBRUARY, 2016
BEFORE
THE HON'BLE MR.JUSTICE S.ABDUL NAZEER
CMP No.175/2015 C/w CMP No.224/2015
IN CMP NO.175/2015
BETWEEN:
M/S. BHARAT HEAVY ELECTRICALS LIMITED
INDUSTRIAL SYSTEMS GROUP
P.O.NO.1249, OPPOSITE IISC
PROF. C.N.R. RAO CIRCLE
MALLESWARAM, BANGALORE - 560 012
REPRESENTED BY ITS DGM -
HR AND LEGAL
MR. H.V. MURALIDHAR MURTHY. ... PETITIONER
(BY SRI RAGHAVENDRA PRASAD, ADV.)
AND:
M/S TECPRO SYSTEMS LIMITED
TECPRO TOWERS
NO.11 - A17, 5TH CROSS ROAD
SIPCOT IT PARK, SIRUSERI - 603 103
CHENNAI, TAMIL NADU
AND ALSO AT:
TECPRO HOUSE
78, SECTOR - 34
NATIONAL HIGHWAY - 8
GURGAON - 122 001. ...RESPONDENT
(BY SRI BHARATH MURALIDHARAN &
SRI. ABHISHEK AGARWAL, ADVs.)
2
THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER
SEC.11(5) OF THE ARBITRATION AND CONCILIATION ACT 1996
PRAYING TO APPOINT A SOLE ARBITRATOR TO ARBITRATE THE
DISPUTE BETWEEN THE PETITIONER AND THE RESPONDENT
IN TERMS OF THE ARBITRATION AGREEMENTS AS PER THE
TWO PURCHASE ORDERS, BOTH DATED.13.10.2011
PRODUCED AT ANNEXURE - B AND ANNEXURE -C AND ETC.,
IN CMP NO.224/2015
BETWEEN:
TECPRO SYSTEMS LIMITED
A COMPANY INCORPORATED UNDER
THE COMPANIES ACT, 1956
HAVING ITS REGISTERED OFFICE AT:
106, VISHWADEEP TOWER
PLOT NO.4, DISTRICT CENTRE
JANAK PURI, NEW DELHI - 110 058
AND ITS BRANCH OFFICE AT
TECPRO TOWERS, 11-A17
5TH CROSS ROAD
SIPCOT IT PARK
SIRUSERI - 603 103. ... PETITIONER
(BY SRI BHARATH MURALIDHARAN &
SRI. ABHISHEK AGARWAL, ADVS.)
AND:
BHARAT HEAVY ELECTRICALS LIMITED
A COMPANY INCORPORATED UNDER
THE COMPANIES ACT, 1956
HAVING ITS REGISTERED OFFICE AT:
BHEL HOUSE, SIRI FORT
NEW DELHI - 110 049
INDUSTRIAL SYSTEMS GROUP
OPP. INDIAN INSTITUTE OF SCIENCE
PROF. CNR RAO CIRCLE
MALLESWARAM
BANGALORE - 560 012 ...RESPONDENT
(BY SRI M.S.RAGHAVENDRA PRASAD, ADV.)
3
THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER
SEC. 11(6) OF THE ARBITRATION AND CONCILIATION ACT 1996
PRAYING TO APPOINT OR DIRECT BHEL TO APPOINT A
NOMINEE ARBITRATOR ON BEHALF OF BHEL FOR
CONSTITUTING A THREE MEMBER ARBITRAL TRIBUNAL FOR
ADJUDICATION OF THE DISPUTES/DIFFERENCES/
CONTROVERSIES WITH THE PETITIONER AS PER ANNEXURE -
A1 & A2 VIDE NO.77/11/0132/PS AND VIDE NO.77/11/0133/
PS DATED:13.10.2011 AND ANNEXURE - C CONTRACT
DATED.03.09.2011 AND ETC.
THESE CIVIL MISCELLAENOUS PETITIONS COMING ON
FOR ADMISION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Civil Miscellaneous Petition No.175/2015 has been filed under Section 11(5) of the Arbitration and Conciliation Act, 1996 (for short 'the Act') for appointment of an Arbitrator to adjudicate the dispute which has arisen in relation to the Purchase Orders at Annexures-B and C dated 13.10.2011.
2. Learned counsel for the parties agree that purchase orders at Annexures - 'B' and 'C' contain an arbitration clause for adjudication of the dispute. They further submit that dispute has arisen between the parties in relation to the aforesaid purchase orders. They request this Court to appoint Sri Justice 4 R.V.Raveendran, former Judge of the Hon'ble Supreme Court as an Arbitrator for adjudication of the dispute.
3. The submission of the learned counsel for the parties is placed on record. CMP No.156/15 is allowed. Hon'ble Sri Justice R.V.Raveendran, No.8/2, Krishna Road, Basavanagudi, Bengaluru-560 004 is requested to enter upon the reference and arbitrate over the dispute.
4. Registry is directed to send a copy of this order to the learned Arbitrator forthwith.
5. In view of the aforesaid order, learned counsel for the petitioner does not press CMP No.224/2015. CMP No.224/2015 is accordingly dismissed. No costs.
Sd/-
JUDGE KLY/