Triveni Engineering And Industries Ltd. v. Odisha Power Generation Corporation Ltd.

IN THE HIGH COURT OF ORISSA AT CUTTACK

ARBP No.15 of 2022 Triveni Engineering & Industries Ltd., Uttar Pradesh ....

Petitioner M/s. S. K. Mohanty and associates, Advocates -versusOdisha Power Generation Corporation Ltd., Bhubaneswar and another ...

Opposite Parties Mr. D. P. Nanda, Senior Advocate assisted by Mr. B. P. Panda, Advocate for Opposite Party No.1

CORAM:

THE CHIEF JUSTICE Order No.

ORDER

30.09.2022 05.

1. It appears that the Arbitration Tribunal is in fact not functioning because there is no member judicial, without which the coram of the Tribunal will not be completed. There is no indication as to when that vacancy will be filled up.

2. In that view of the matter and with the consent of the parties, this Court appoints Mr. Justice Satrughana Pujahari, a former Judge of this Court, as the sole Arbitrator to adjudicate the disputes between the parties including their claims and counter claims. The arbitration proceeding shall take place under the aegis of the High Court of Orissa Arbitration Centre and shall continue from the stage at which it was before the Arbitration Tribunal.

3. The records pending before the Arbitration Tribunal may be collected by either of the parties and placed before the learned Arbitrator now appointed.

4. The arbitration petition is disposed of accordingly. A copy of this order be communicated to the Coordinator, High Court Arbitration Centre and the learned Arbitrator forthwith.

5. An urgent certified copy of this order be issued as per rules. (Dr. S. Muralidhar) Chief Justice M. Panda