Eco Garb v. Neyveli Lignite Corporation Of India Ltd

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 15.07.2025

CORAM

THE HON'BLE Mr. JUSTICE ABDUL QUDDHOSE M/s.ECO Garb, Rep. by its Managing Partner Shanthi Srinivasan ...

Applicant vs.

1. M/s. Neyveli Lignite Corporation of India Ltd., General Manager, Township Administration, Neyveli - 607 801, Cuddalore District, Tamil Nadu.

2. The Chief General Manager, Township Administration, Neyveli Lignite Corporation India Ltd., Neyveli - 607 801, Cuddalore District, Tamil Nadu.

3. State Bank of India, Neyveli Main Block - 2, Branch Code 00958, IFSC Code SBIN0000958 By its Manager, Neyveli - 1.

...

Respondents 1/4

For Applicant : Mr. T. Arumugam For Respondents : Mr.N. Nithianandam for R1 & R2

ORDER

Both the counsels have made a joint endorsement in the Court bundle stating that the parties are agreeable for the appointment of an Arbitrator by this Court to adjudicate the disputes between the parties arising out of the contract, dated 16.10.2024.

2. The learned counsel for the applicant would submit that the applicant may be granted liberty to approach the Arbitrator for the interim relief as sought for in this application.

3. In view of the joint endorsement made by both the counsels on instructions from their respective clients, this Court is issuing the following directions :- a) This Court appoints Hon'ble Mr.Justice D.Krishnakumar, former Judge of Madras High Court, residing at No.13/7, 12th East Street, Kamaraj Nagar, Tiruvanmiyur, Chennai - 600 041 (Mobile No.9445500225) as the sole Arbitrator to adjudicate the dispute between the parties arising out of the contract, dated 16.10.2024. 2/4

(b) The Arbitrator shall be paid his /her 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 Conciliation Act, 1996 and shall complete the arbitration within the specified time as prescribed under the said Act.

4. Liberty is granted to the applicant to file an application under Section 17 of the Arbitration and Conciliation Act, 1996 before the Arbitrator for the very same relief that has been sought for in this application. Liberty is also granted to the respondents to raise all objections as and when such an application is filed before the Arbitrator.

5. With the above directions, this application is disposed of. 15.07.2025 Index: Yes/ No Speaking order / Non speaking order vsi2 3/4

ABDUL QUDDHOSE, J.

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