M/S.Snc Power Corporation v. M/S.Bharat Heavy Electricals

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) FRIDAY, THE 27TH DAY OF JANUARY 2017 THE HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE A.No.294 of 2017 in O.P.No.204 of 2014 In the matter of Arbitration and Conciliation Act 1996 And In the matter of Arbitration Under Clause 44.0 of the General Conditions of Contract and Agreement Dated 12.10.2005.

M/s.SNC Power Corporation (P) Ltd, (Formerly known as Sri Shankaranarayana Construction Co.) Represented by its General Manager M.Suresh Kumar "SNC House", Fourth Floor, 7 Residency Road, (9, Raja Ram Mohan Roy Road), Bangalore-560 025 ..Applicant/Petitioner Vs M/s.Bharat Heavy Electricals Ltd.

Power Sector-Southern Region, Represented by its General Manager, 474, Anna Salai, Nandanam Chennai-600 035 ..

Respondent/Respondent Application praying that this Hon'ble Court be pleased to modify the Impugned Order dated 11th September 2015 and be pleased to shift the ongoing Arbitration proceedings between the parties from the Delhi High Court Arbitration Centre to an ad-hoc Arbitration without in

any manner whatsoever affecting or negating the proceedings conducted and orders passed by the Sole Arbitrator till date.

This application coming on this day before this Court for hearing, the court made the following:- Learned counsel for the respondent has entered appearance.

2.On hearing the learned counsel for parties, it transpires that the arbitration is getting delayed on account of there being a paucity of accommodation for sittings at the Arbitration Centre.

3.In view thereof, the request to move the arbitration to another venue is accepted and accordingly, continued as an adhoc arbitration.

4.Application stands disposed of.

Sd/.(S.K.K.C.J) 27.01.2017 //Certified to be a true copy// Dated this the day of 2017 R.s/24.03.2017 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.