Telangana High Court
Sanghvi Exim Llp vs Mishra Dhatu Nigam Limited on 15 December, 2023
THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE
ARBITRATION APPLICATION No.176 of 2023
ORDER:
Mr. Harshavardhan Abburi, learned counsel for the applicant.
2. This application is filed under Section 11(6) of the Arbitration and Conciliation Act, 1996. The applicant seeks appointment of an arbitrator to resolve the dispute between the parties.
3. I have heard learned counsel for the applicant. None has appeared for the respondent despite service.
4. The parties have entered into a Purchase Order, dated 17.02.2023. It contains an arbitration clause and the same is extracted below for the facility of reference:
ARBITRATION: Any dispute(s) or difference(s) whatsoever arises under or out of or in connection with this contract, or in respect of any defined legal relationship associated therewith or derived therefrom, shall be resolved/settled by arbitration in accordance with the International Centre for Alternative Dispute 2 Resolution (ICAR) Arbitration Rules 1996. The authority to appoint the arbitrator(s) shall be the International Centre for Alternative Dispute Resolution (ICADR). And will provide administrative services in accordance with ICADR Arbitration Rules, 1996. The seat of Arbitration shall be India. The language of the arbitration proceeding shall be English. The place of arbitration proceedings shall be Hyderabad, India.
5. A dispute has arisen between the parties. Thereupon, the applicant sent a notice on 01.06.2023. The respondent submitted a response on 11.07.2023.
6. The dispute between the parties needs to be resolved in the manner agreed to by the parties under the aforesaid agreement.
7. Therefore, Dr. Justice Shameem Akther, a former Judge of this Court (resident of Flat No.6F, Sixth Floor, MAYFAIR Apartment, Block - 'B', H.No.8-2-269/3/MF/F-6, Road No.2, Banjara Hills, Sri Nagar Colony, Hyderabad-34, Mobile No.8331998534) is appointed as sole arbitrator to adjudicate the dispute between the parties. 3
8. The parties undertake to appear before the sole arbitrator on 06.01.2024 at 11:00 a.m. along with a copy of this order.
9. Thereupon, the sole arbitrator shall proceed with the arbitral proceedings in accordance with law.
10. Accordingly, the Arbitration Application is allowed.
Miscellaneous applications pending, if any, shall stand closed. However, there shall be no order as to costs.
______________________________________ ALOK ARADHE, CJ 15.12.2023 vs