M/S.Coastal Energy Private Limited v. Maharashtra State Power Generation Co. Ltd.

Nitin 1 / 2 902-ARBPL-390-2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION (L) NO. 390 OF 2015 M/s. Coastal Energy Private Limited ...

Petitioner

Versus

Maharashtra State Power Generation Company Limited ...

Respondent Mr. Vivek G. Menon a/w. Mr. Durgesh Kulkarni i/b. Lex Firmus for the Petitioner.

Ms. Neeta Jain a/w. Mr.Kiran Gandhi, Mr. Nirav Shah i/b. Little and Company for Respondent No. 1.

CORAM : S.J. KATHAWALLA, J.

DATED : 13 TH MARCH, 2015 P.C.

1.

Heard the learned Advocates appearing for the parties and the following order is passed by consent :

i.

The disputes and differences between the parties arising out of the Agreement dated 1st November, 2014 is referred to the sole Arbitration of Mr. E.P. Bharucha, Senior Advocate. ii. The parties and their Advocates shall appear before the learned Arbitrator in his chambers, on 16th March, 2015 at 5.00 p.m. and obtain necessary directions.

iii. The learned Arbitrator shall endeavour to pass his Award within a period of six months from the date of the first meeting held by him

Nitin 2 / 2 902-ARBPL-390-2015 with the parties and their Advocates.

iv. The Petition filed before this Court under section 9 of the Arbitration and Conciliation Act, 1996 shall be treated as a Petition under section 17 of the Act by the learned Arbitrator and the same shall be disposed of within a period of eight weeks from today. v. The Petitioner shall be at liberty to shift the coal (163 metric tones ) which is lying at the Vishakapatnam Port to a destination of their choice.

vi. The cost of arbitration shall initially be borne by the parties equally. vii.All contentions of the parties are kept open. viii. The venue of Arbitration shall be at Mumbai. The above Arbitration Petition is accordingly disposed of. (S.J. KATHAWALLA, J.)