M/S B.S.N. Joshi And Sons Limited v. Rashtriya Ispat Nigam Limited

THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY AND THE HON'BLE SRI JUSTICE P.KESHAVA RAO WRIT PETITION No.36081 of 2018 Between:

M/s. B.S.N.Joshi & Sons Limited, represented by its Director, Visakhapatnam ..Petitioner and Rashtriya Ispat Nigam Limited, represented by its Deputy General Manager (MM), Visakhapatnam and another ..Respondents Counsel for the petitioner: Mr.Aadesh Varma Counsel for respondent No.1: Mr.K.Sarvabhouma Rao Counsel for respondent No.2: -- The Court made the following:

CVNR,J & PKR,J W.P.No.36081 of 2018 ORDER: (Per the Hon'ble Sri Justice C.V.Nagarjuna Reddy) This writ petition is filed for the following substantive relief.

"...to issue a Writ, Order or direction more particularly in the form of Writ of Prohibition or any other appropriate Writ, thereby declaring that the action of the respondent No.1 to appoint the arbitrator Respondent No.2 vide proceedings Arb/non-ICA/4.66 P.A.

Boiler/102 dated 30.03.2018 is an illegal act and is barred by the principles of law and is contrary to the established provisions of the Arbitration and Conciliation Act, 1996 and forbear the Respondents from proceeding as Arbitrator under the Arbitration and Conciliation Act. This Hon'ble Court may if necessary further declare that once the arbitration proceedings have been held and in pursuance of the same as award has been passed and thereafter the arbitration proceedings have been terminated, fresh arbitration proceedings cannot be invoked at the whims and mercy of the Respondent and the same be termed as illegal and arbitrary and this Hon'ble Court may pass any other order deemed to be fit and necessary in the facts and circumstances of the case."

2.

At the hearing, Mr.Aadesh Varma, learned counsel for the petitioner, has requested for permission of the Court to withdraw the writ petition with liberty to his client to avail

CVNR,J & PKR,J W.P.No.36081 of 2018 appropriate legal remedies under the provisions of the Arbitration and Conciliation Act, 1996.

3.

This Writ Petition is, accordingly, dismissed as withdrawn with liberty to the petitioner in terms of the prayer made.

4.

As a sequel to dismissal of the Writ Petition, I.A.No.1 of 2018 filed by the petitioner for interim relief stands dismissed as infructuous.

__________________________ C.V.NAGARJUNA REDDY, J ___________________ P.KESHAVA RAO, J 02nd November, 2018 GHN