M/S. Jhajharia Nirman Pvt. Ltd., ... vs National Thermal Power ...
2016 Latest Caselaw 759 Bom

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                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                     




                                                 
                              NAGPUR BENCH, NAGPUR.


     MISC. CIVIL APPLICATION NO.161 OF 2016




                                                
     M/s. Jhajharia Nirman Private Ltd.
     (now Ltd. since December, 2013), 
     a Company duly incorporated under the 




                                        
     Companies Act, 1956 and having registered
     office at - WZ 688A-Shiv Nagar Extension,
                             
     Jail Road, Janakpuri - 110058, through its
     Authorised Signatory and Power of Attorney
     Holder Mr. Pratik s/o Naresh Agrawal.                ....       APPLICANT
                            
                            VERSUS
      


     1) National Thermal Power Corporation Ltd.,
   



         (A Government of India Enterprise)
         Post & Tahsil Mouda, Pin-441104, District
         Nagpur, through its General Manager.





     2) Rites Ltd., 
         (Schedule 'A', Government of India 
         Enterprise, Ministry of Railways),
         having office at Rites Bhawan, Kadbi 
         Chowk, Nagpur - 440014, through its





         Group General Manager.                           .... NON-APPLICANTS


     ______________________________________________________________
                  Shri H.R. Gadhia, Advocate for the applicant, 
              Shri N.R. Rode, Advocate for the non-applicant No.1,
             Shri N.P. Lambat, Advocate for the non-applicant No.2.
      ______________________________________________________________




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                                   CORAM : Z.A. HAQ, J.

DATED : 18 MARCH, 2016 th

ORAL JUDGMENT :

1. Heard Shri H.R. Gadhia, Advocate for the applicant, Shri

N.R. Rode, Advocate for the non-applicant No.1 and Shri N.P. Lambat,

Advocate for the non-applicant No.2.

2. In response to the notice issued by this Court, the non-

applicant No.2 has filed the affidavit sworn by the Additional General

Manager of the non-applicant No.2, stating that Shri R.N. Joshi has

been appointed as the sole Arbitrator to resolve the dispute between

the parties. The learned Advocate for the applicant submits that the

grievance of the applicant does not survive as arbitrator is appointed,

however, it is urged that as the cause of action has arisen at Nagpur,

the arbitration is required to be conducted at Nagpur. The learned

Advocate for the non-applicant No.2 has also expressed his willingness

for conducting of the arbitration at Nagpur.

3. However, in view of the terms of agreement between the

parties, the venue of arbitration has to be fixed by the arbitrator as per

his discretion and therefore, in my view, it would not be appropriate to

3 mca161.16

consider the request made on behalf of the applicant and non-applicant

No.2 at this stage. The applicant and non-applicant No.2 are at liberty

to make request to the learned Arbitrator and I hope and trust that the

request would be considered in appropriate manner by the learned

Arbitrator.

4.

The application is disposed in the above terms. In the

circumstances, the parties to bear their own costs.

JUDGE

pma