Orissa High Court
M/S. Btfpl-Bla(Jv) vs The Chairman-Cum-Md on 24 November, 2021
Author: Arindam Sinha
Bench: Arindam Sinha
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.18754 of 2018
(Through hybrid mode)
M/s. BTFPL-BLA(JV) .... Petitioners
Mr.Kishore Datta, Senior Advocate
-versus-
The Chairman-cum-MD, MCL and .... Opposite parties
others
Mr. Debraj Mohanty, Advocate
CORAM: JUSTICE ARINDAM SINHA
ORDER
24.11.2021 Order No.
12. 1. Mr. Datta, learned senior advocate appears on behalf of petitioner and submits, prayer in the petition was to quash order dated 12th August, 2017 whereunder prayer for appointment of independent arbitrator for dispute resolution between the parties was rejected by opposite party no.3. Mr. Mohanty, learned advocate appears on behalf of opposite parties and submits, his clients have filed additional affidavit pursuant to order dated 8th November, 2021.
2. Order sheet will reveal that parties have since agreed to refer their disputes to Mr. Abdul Kalam, Ex-Chairman, Managing Director, Eastern Mahanadi Coalfields Limited as sole arbitrator. The suggestion was made by petitioner and opposite parties (Mahanadi Page 1 of 1 // 2 // Coalfields Limited) by their additional affidavit affirmed on 10th November, 2021, have agreed.
3. On parties agreement to refer their disputes to arbitrator, this writ petition is being disposed of with direction upon opposite party no.1 to appoint arbitrator as that is what is prayed for by petitioner. It is recorded that parties have agreed for commencement of their arbitral proceedings or from the date of appointment of named arbitrator, to be made by opposite party no.1, within three weeks from date.
4. With above direction, the writ petition is disposed of.
(Arindam Sinha) Judge Prasant Page 2 of 2