Ars Steels And Alloy International Private Limited v. Hexis Renewables Private Limited
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.08.2025
CORAM
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE ARS Steels & Alloy International Private Limited ... Applicant in all applications Vs.
1.Hexis Renewables Private Limited ... Respondent in Arb.Appln.Nos.534 to 538 of 2025 2.Cleantech Solar India OA2 Pte. Ltd.
... Respondent in Arb.Appln.No.539 of 2025 For Applicant :
Mr.Srinath Sridevan (in all applications) Senior Counsel for M/s.P.S.Suman For Respondent :
Mr.Satish Parasaran (in all applications) Senior Counsel for M/s.Subhang P. Nair ***** COMMON ORDER A joint endorsement has been made by both the counsels, on instructions, that the parties are agreeable to go for arbitration before the Hon'ble Mr.Justice F.M.Ibrahim Kalifulla (Retd.), a Former Judge of Supreme Court to adjudicate the dispute between the applicant and the respective respondent arising out of Page No.1 of 4
the Power Purchase Agreement dated 18.08.2023, Share Subscription and Shareholder's Agreement dated 23.08.2023 and Deed of Corporate Guarantee dated 09.02.2024. They have also made an endorsement making a request before this Court to treat these Section 9 applications filed before this Court, namely Arb.Appln.Nos.534 to 539 of 2025 as applications filed under Section 17 of the Arbitration and Conciliation Act, 1996, to enable the arbitrator to pass appropriate orders in those applications.
2. In view of the joint endorsement made by both the counsels, on instructions, this Court is disposing of these applications by issuing the following directions:
(a) Hon'ble Mr.Justice F.M.Ibrahim Kalifulla (Retd.), a Former Judge of Supreme Court, having office at No.22, Sivananda Road, Gill Nagar Extn., Choolaimedu, Chennai - 600 094 (Mobile No.75500 48928) is appointed as the sole Arbitrator to decide the dispute between the applicant and the respective respondent arising out of the following contracts : (a) Power Purchase Agreement dated 18.08.2023; (b) Share Subscription and Shareholder's Agreement dated 23.08.2023; and (c) Deed of Corporate Guarantee dated 09.02.2024. Page No.2 of 4
(b) The Arbitrator shall be paid his remuneration / fees in accordance with the 4th schedule of the Arbitration and Conciliation Act, 1996 or as per the mutual consent of both the parties;
(c) Both the parties shall equally share the arbitrator's fees; (d) The Arbitrator shall conduct the arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996 and shall complete the arbitration within the specified time as prescribed under the said Act.
3. These applications, which have been filed under Section 9 of the Arbitration and Conciliation Act, 1996 are treated as applications filed under Section 17 of the Arbitration and Conciliation Act, 1996 and the arbitrator shall decide these applications on merits and in accordance with law.
4. With the aforesaid directions, these applications are disposed of. In case, any excess Court fees had been paid by the applicant in any of these applications, the Registry is directed to refund the same to the applicant. 14.08.2025 Index : Yes/No Speaking Order : Yes / No sp Page No.3 of 4
ABDUL QUDDHOSE. J.
sp 14.08.2025 Page No.4 of 4