Thermax Ltd v. M/S Indian Oil Corporation Ltd

ORDER

21.0s.2013 The petitioner has filed the present petition under Section 11 of the fubitration and Conciliation Act, 1996 for appointnent of a sole independent albitrator with regald to the dispute of arbitration alising out of and in relation to Fax of Acceptance dated 10tr' October, 2008 for supply of Filed Heaters Ton No.036-FF-001 & Ton No.056-F-0. . The petitioner has provided the details of its clairn in the notice dated 13'r' July, 2012 issued by the petitioner to the respondent. By way of said notice, the petitioner also called upon the respondent to pay the arnount within 14 days frorn the date of receipt of said notice and to withdraw the demand for {36,19,5531-on account of alleged short deduction and also sought the recovery of {4,17,2I3 and74,62,3841-along with interest @24%o on account of the rnonies receivable fi'om the respondent. V ;.': t , v Signed By:RAM DATT Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing. (t on the last date, learrred counsel for the respondent rnade his subrnission sornetirne for the prayer rnade. After some arguments, he was agreeable to take instructions from his client with regald to the appoinhnent of an independent sole Arbin'ator as per the suggestion given by the learned counsel for the petitioner. when the matter is taken up today, the learned counsel for the respondent submits that if the order passed on suggestion made by the petitioner's counsel is not set as a precedent in other matter of his clien! the respondent is then agreeable for appointrnent of the sole independent Arbitrator by this Court to adjudicate the disputes between the parties. Ordered accordingly. In view of the abovementioned reasons, Justice Usha Mehra (fonner Judge of this Court, C-r136, Safclarjung Developrnent Ar-e4 New Delhi, Mobile No.98r8421r44/26531100) is appointed as sole Ar-bitator to adjudicate the disputes between the parties. The Arbitrator shall conduct the proceedings under the provisions of Arbitation and Conciliation Ac! 1996 and shall also issue prior notice to both the parties before commencetnent of the proceedings. The fees of the Arbitrator be also paid under the Rules of Delhi High Court fubin'ation Cenfte. The petition is disposed of in the above said tenns. A copy of this order be cornrnunicated to the learned Arbitrator as well as the Secretary to the Arbitlation Centre forthwith. Copies ofthe same be also given dasti to the learned counsel for the parties. t ffi*ffi*afqtfrc*r' Izt MAY 21.,2013tik

l" !. Y $-e {< + IN THE HIGH COURT ARB.P. 4s3/2012 THERMAX LTD Through OF DELHI AT NEW DELHI .... Petitioner Mr.Ramji Srinivasan, Sr. Adv. with Mr.R. Sudhinder & Ms.Kabita Das. Advs. VETSUS I\OS INDIAN OIL CORPORATION LTD ..... Respondent Through Mr.Divjyot Singh, Adv. with Mr.Gurpreet Singh, Adv. CORAM: HONIBLE MR. JUSTICE MANMOHAN SINGH