M/S Elektrolites Power Pvt Ltd v. Larsen And Toubro Limited Construction

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29-07-2025

CORAM

THE HON'BLE MR JUSTICE ABDUL QUDDHOSE M/s Elektrolites Power Pvt Ltd Represented by their Director Mr. Anil Saboo, Having its registered office at E-148 to 150, RIICO Industrial Area, Extension Phase-II, Bagru, Jaipur, Rajasthan - 303007 ..Petitioner(s) Vs Larsen and Toubro Limited Construction Represented by their Director, All having office at P.B.No.979 Mount Poonamallee Road, Manapakkam, Chennai 600 089 Also at Land T Business Park, 10th Floor, Tower II, Near Sarai Metro, Sector 27D, Faridabad 12003 Haryana ..Respondent(s) To allow this petition and appoint an arbitrator to adjudicate the dispute that has arisen between the petitioner and the Respondent. b) Award the cost of present proceedings to the petitioner

For Petitioner(s):

M/s Shreya Dangayach For M/s.PKA Advocates For Respondent(s):

Mr.Anurag Rajagopalan for Mr.Anirudh Krishnan

ORDER

This petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 (in short "the Act") seeking for appointment of an Arbitrator by this Court.

2. Till date, the respondent has not filed a counter affidavit. The learned counsel for the respondent on instructions would now submit that the respondent is willing to go for arbitration in accordance with the arbitration clause contained in the purchase orders dated 23.04.2018 accompanied by the general conditions of the contract, with liberty granted to the respondent to raise all objections including the arbitrability of the dispute before the Arbitrator appointed by this Court. He has also made an endorsement to that effect in the court bundle.

3. In view of the endorsement made by the learned counsel for the respondent on instructions and since there exists an arbitration clause in the

general conditions of the contract, which are applicable to the purchase orders dated 23.04.2018, which are the subject matter of the dispute between the parties, this Court has to necessarily appoint an Arbitrator. Accordingly, this petition is allowed as prayed for with the following directions:- (a) This Court hereby appoints Hon'ble Mr.Justice Akil Kureshi, former Chief Justice of Rajasthan High Court, having office at No.617, Raheja Chambers, Free Press Journal Marg, Nariman Point, Mumbai-400 021, Mobile No.9408481511, as the Sole Arbitrator to adjudicate the dispute between the petitioner and the respondent arising out of the purchase orders along with the general conditions of the contract dated 23.04.2018.

(b) The Sole Arbitrator appointed by this Court shall be paid remuneration/fees as per the schedule agreed upon by the parties to the dispute.

(c) The Arbitrator shall adhere to the provisions of Arbitration and Conciliation Act, 1996.

(d) The Arbitrator shall also pass the arbitral award within the stipulated period as prescribed under the Arbitration and Conciliation Act, 1996.

(e) The respondent is at liberty to raise all objections including arbitrability of the dispute made by the petitioner either by filing an application under Section 16 of the Act or through their statement of defence filed in the arbitral claim. 29-07-2025 Index: Yes/No Speaking/Non-speaking order RKM

ABDUL QUDDHOSE J.

RKM 29-07-2025