M/S. Jindal India Thermal Power Ltd. v. Mahanadi Coalfield Ltd.

IN THE HIGH COURT OF ORISSA AT CUTTACK

ARBP No.20 of 2021 M/s. Jindal India Thermal Power Ltd.

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Petitioner Mr. D.P. Sahu, Advocate -versusMahanadi Coalfields Ltd.

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Opposite Party Mr. Rakesh Sharma, Advocate

CORAM:

THE CHIEF JUSTICE

ORDER

06.05.2022 Order No.

05.

1. The present petition under Section 11(5), (6) & 6A of the Arbitration and Conciliation Act, 1996 ('Act') as amended by the Arbitration and Conciliation (Amendment) Act, 2015 seeks the appointment of an Arbitrator to adjudicate the disputes between the Petitioner and the Opposite Party arising out of a Memorandum of Understanding (MoU) dated 26th September, 2006 for setting up of a 1200 MW Thermal Power Plant.

2. Having heard learned counsel for the parties and without prejudice to their rights and contentions and on merits of their claims and counter claims, the Court appoints Dr. Justice A.K. Mishra, Former Judge of this Court as the sole Arbitrator to adjudicate the disputes between the parties including their claims and the counter claims. The arbitration shall take place under the aegis of the High Court of Orissa, Arbitration Centre.

3. The arbitration petition is disposed of accordingly. A copy of this order be communicated to the learned Arbitrator forthwith.

4. An urgent certified copy of this order be issued as per rules. (Dr. S. Muralidhar) Chief Justice S.K. Jena/Secy.