M/S Il And Fs Engineering And Construction Company Ltd., v. M/S East India Udyog Limited,
HON'BLE THE ACTING CHIEF JUSTICE RAMESH RANGANATHAN ARBITRATION APPLICATION No.69 OF 2016 ORDER:
Heard Sri S.V.S. Chowdary, Learned Counsel for the applicant and Sri M. Ravindranath Reddy, Learned Counsel for the respondent. Pursuant to an application made under Section 11(5) and (6) of the Arbitration and Conciliation Act 1996 (for short 'the 1996 Act') by the applicant herein, this Court, by its order in A.A. No.65 of 2009 dated 13.10.2009, appointed Sri Justice T.Ch. Surya Rao, a retired judge of this Court, as the sole arbitrator to adjudicate the claims and disputes between the parties. It is now stated that, while evidence was let in, arguments on behalf of the applicant was completed, and the matter was posted for arguments of the respondent on 07.02.2016, Sri Justice T.Ch. Surya Rao passed away on 01.02.2016. By way of the present application, the applicant requests that another arbitrator be appointed in the place of Justice T.Ch. Surya Rao. Both Sri S.V.S. Chowdary, Learned Counsel for the applicant and Sri M. Ravindranath Reddy, Learned Counsel for the respondent, together request that Sri Justice N. Ravi Shankar be appointed as the sole arbitrator.
I consider it appropriate, therefore, to appoint Sri Justice N. Ravi Shankar H. No.1-96/1, Prabath Nagar, Chaitanyapuri, Near Ganga Hospital, Hyderabad - 60 as the arbitrator to resolve the disputes between the applicant and the respondent. The Learned Arbitrator shall fix his remuneration, and the incidental expenses for the arbitration proceedings, in consultation with the parties. The Learned
Arbitrator is requested to complete arbitration proceedings, and pass an award at the earliest, preferably within six months from the date of commencement of the arbitral proceedings. He is also requested, to the extent possible, to hold sittings in the mediation centre of the High Court.
The arbitration application is disposed of accordingly. The miscellaneous petitions pending, if any, shall stand closed. No costs. _________________________________ RAMESH RANGANATHAN, ACJ Date: 15.09.2017.
MRKR