Andhra Pradesh High Court - Amravati
Himadri Speciaity Chemicals ... vs M/S. Rashtriya Ispat Nigam ... on 17 September, 2021
IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI
HON'BLE MR. JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE
ARBITRATION APPLICATION No. 94 of 2018
(Through video conferencing)
Himadri Speciality Chemicals Limited,
A Limited Company registered under the Companies Act,
Registration No.21-42756, having its Head Office at
23A, Netaji Subhas Road, 8th Floor,
Kolkata-700001, India, Local Office at Door
No.9-29-15/7, Balaji Nagar, Visakhapatnam-3,
Rep. by its Manager Mr.Ameen Ahmed,
S/o.Late Abdul Hye Nizami, aged 46 years,
Visakhapatnam, Floor, Padmavathi Towers,
Balaji Nagar, Siripuram, Visakhapatnam. ... Applicant
Versus
M/s.Rashtriya Ispat Nigam Limited,
rep. by its Branch Manager (Marketing/BP),
Visakhapatnam Steel Plant,
Administrative Building,
Visakhapatnam-530031 & another. ... Respondents
Counsel for the Applicant : Mr. N. Gangadhar
Counsel for the respondents : Mr. A. Krishnam Raju
JUDGMENT (ORAL)
Dt: 17.09.2021
Heard Mr. N. Gangadhar, learned counsel for the applicant, and
also heard Mr. A. Krishnam Raju, learned counsel for the respondents.
2. This is an application for appointment of an Arbitrator under sub-
sections (5) and (6) to Section 11 of the Arbitration and Conciliation
Act,1996 (for short, "Act of 1996").
3. There is no dispute that there is an arbitration clause being Clause
No.11(f) of General Terms and Conditions for sale of materials through
e-auction. The applicant had raised a demand by letter dated 17.07.2014
for appointment of an arbitrator in connection with fixing of price, in
respect of loading of CC Tar and M.H. Pitch (including liquid pitch). Since
the respondents had not appointed an arbitrator, recourse is taken by
filing this application for appointment of an arbitrator.
4. In the above circumstances, Mr. N. Gangadhar, learned counsel for
the applicant, submits that this Court may appoint an arbitrator to resolve
the dispute.
5. Mr. A. Krishnam Raju, learned counsel for the respondents, submits
that there were no disputes between the parties, and therefore, no
occasion has arisen for appointment of an arbitrator.
6. The dispute, as sought to be raised by the applicant, is sought to
be negated by a detailed counter-affidavit providing justification for the
prices fixed, and that itself demonstrates that the parties are not at
ad idem on the issue and that there is a dispute.
7. In that view of the matter, I deem it appropriate to appoint
Sri Justice Challa Kodanda Ram (Retired) as an Arbitrator to adjudicate
the dispute between the parties.
8. The fee of the arbitrator as well as the other terms and conditions
shall be settled by the parties in consultation with the arbitrator so
appointed.
9. The parties are at liberty to file their respective pleadings before
the Arbitrator.
10. Registry will send a copy of this order to Sri Justice Challa Kodanda
Ram (Retired) in his proper address.
11. Accordingly, the Arbitration Application stands disposed of. No
costs. Pending miscellaneous applications, if any, shall stand closed.
ARUP KUMAR GOSWAMI, CJ
HS
HON'BLE MR. JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE
ARBITRATION APPLICATION No. 94 of 2018
Dt: 17.09.2021
HS
