Andiritz Hydro Private Ltd vs M/s Leond Hydro Power Pvt. Ltd

L. Narayana Swamy , CJ

In this petition under Section 11 of the Arbitration and Conciliation Act, 1996, the petitioner-Company entered into an an agreement with the respondent for doing design, supply, manufacture, tests, erection and commissioning of equipment's, such as turbine channel, panels etc. with respect to Leond Hydro Electric Power (2x1.00 MW+25% COL) for Leond Khad in Knagra (HP) Project. The agreement was singed by the parties on 20.01.2016. The petitioner-company seeks a direction for appointment of an Arbitrator for resolving the dispute between the petitioner and the respondents.

Respondents have filed reply, but the same is not on record. However, learned counsel for the respondent submits that he has no objection in case the a sole Arbitrator is appointed in order to resolve the dispute between the parties.

In view of the above, I deem it proper to appoint Mr.Surinder Singh, retired Judge of this Court as an Arbitrator. Aforesaid Arbitrator is requested to enter into reference within a period of two weeks from the date of receipt of a copy of this order. It shall be open for the learned Arbitrator to determine his own procedure with the consent of the parties. Otherwise also, entire procedure with regard to fixing of time limit for filing pleadings or passing of Award stands prescribed under Sections 23 and 29A of the Act. Liberty is also reserved to the respondent to raise objections, if any, by way of filing counter claim before the Arbitrator.

4 Needless to say, award shall be made strictly as per provisions contained in Arbitration and Conciliation Act. A copy of this order shall be made available to the learned Arbitrator named above, by the Registry of this Court within one week enabling him to take steps for commencement of the arbitration proceedings within stipulated period.

The petition is disposed of accordingly.