M/S Isc Projects Pvt. Ltd., Pune ... vs Ntpc Ltd., New Delhi Thr. Exe. ...
2023 Latest Caselaw 763 Bom

                                                                                                                                      935. MCA 312 of 2020.odt
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                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         NAGPUR BENCH AT NAGPUR

                                             MISC. CIVIL APPLICATION NO.312/2020

      M/S ISC Projects Private Limited, Pune - 411001 through its Director
                           Mr. Kulmeet Singh Chhabra
                                   ...Versus...
   NTPC Limited (formerly known as National Thermal Power Corporation Ltd.)
                   New Delhi, through its Executive Director

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Office Notes, Office Memoranda of Coram,                                                                             Court's or Judge's orders
appearances, Court's orders or directions
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                                                           Shri A.C. Dharmadhikari with Ms R.P. Jog, Advocates for applicant
                                                           Shri N.P. Lambat, Advocate for respondent



                                                                                        CORAM : AVINASH G. GHAROTE, J.

DATE : 20/01/2023

1. The only question involved is, whether instead of an Arbitrator being appointed from the panel suggested by the respondent, an independent Arbitrator is required to be appointed. Considering that the judgment of the Hon'ble Apex Court in Central Organisation for Railway Electrification Vs. ECI-SPIC-SMO-MCML (JV) A Joint Venture Company (2020) 14 SCC 712 has been disagreed by another Bench of the Hon'ble Apex Court and referred to a larger Bench in Union of India Vs. Tantia Constructions Limited, 2021 SCC OnLine SC

271. In such a situation the advisable course of conduct would be to appoint an independent Arbitrator so that any answer to

935. MCA 312 of 2020.odt

the reference, would not come in the way of arbitration proceedings, which can be commenced and concluded.

2. Shri Lambat, learned counsel for the respondent to take appropriate instructions and make a statement on 03/02/2023 and an appropriate officer of the respondent shall also remain present on that day.

(AVINASH G. GHAROTE, J.)

Wadkar

Digitally signed bySHAILENDRA SUKHADEORAO WADKAR Signing Date:20.01.2023 19:20