South Ganga Water Technologies Pvt Ltd v. M/S.Vedanta Limited
THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17.07.2025
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE South Ganga Waters Technologies (P) Ltd., Rep. by its Director, Vijay Ramesh ...
Petitioner vs.
M/s.Vedanta Limited (Formerly known as SESA Sterlite Limited and Sterlite Industries India Limited), Sesa Ghor, 20, EDC Complex, Patto, Panaji (Goa) - 403 001.
Also at :
SIPCOT Industrial Complex, Madurai Bypass Road, T.V. Puram P.O., Tuticorin 628 002, Tamil Nadu.
Registered office :
1st Floor, 'C' Wing, Unit 103, Corporate Avenue, Atul Projects, Chakala, Andheri (E), Mumbai - 400 093.
... Respondent 1/5
Prayer : Arbitration Original Petition (Commercial Division) has been filed under Section 11(5) of the Arbitration and Conciliation Act, 1996 seeking for the following reliefs :- a) Appoint a Sole Arbitrator under Clause 18 of the Contract, dated 01.10.2014 read with its Amendments dated 24.07.2015 and 01.04.2017 to adjudicate the disputes between the parties. b) Direct the Respondent to pay the cost of this petition. c) Pass such further or other orders as this Court may deem it and proper.
For Petitioner : Mr.Anirudh Krishnan For Respondent : Mr.Rahul Balaji
ORDER
Pleadings are complete in this petition. Even though objections have been raised by the respondent for the appointment of an Arbitrator by this Court under Section 11 of the Arbitration and Conciliation Act, 1996, the learned counsel for the respondent on instructions, would now submit that the objections that have been raised in their counter can be adjudicated by the Arbitrator to be appointed by this Court. A joint endorsement has also been made to that effect in the Court bundle and as per the joint endorsement, the respondent has also agreed for the appointment of an Arbitrator by this Court.
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2. Both the counsels, on instructions have also made a joint endorsement in the Court bundle that the parties are agreeable for the appointment of Hon'ble Mr.Justice Sanjib Banerjee, former Chief Justice of Madras High Court & Meghalaya High Court to adjudicate the dispute between the parties arising out of the Contract, dated 01.10.2014 as amended on 01.04.2017.
3. In view of the joint endorsement made by both the learned counsels, this petition is allowed by issuing the following directions :- a) This Court appoints Hon'ble Mr.Justice Sanjib Banerjee, former Chief Justice of Madras High Court & Meghalaya High Court, residing at Greater Kailash I, C96, New Delhi - 110 048 (Mobile No.9836268256) as the sole Arbitrator to adjudicate the dispute between the parties arising out of the Contract, dated 01.10.2014 as amended on 01.04.2017.
(b) The Arbitrator shall be paid his remuneration / fees in accordance with the 4th schedule of the Arbitration and Conciliation Act, 1996.
(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 3/5
Conciliation Act, 1996 and shall complete the arbitration within the specified time as prescribed under the said Act.
4. Liberty is granted to the respondent to raise all objections that they have raised in the counter filed before this Court in this petition before the sole Arbitrator either by filing an application under Section 16 of the Arbitration and Conciliation Act, 1996 or through the statement of defence filed in the main arbitral claim to be filed by the petitioner. 17.07.2025 Index: Yes/ No Speaking order / Non speaking order vsi2 4/5
ABDUL QUDDHOSE, J.
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