Mecon Limited vs M/S J.B.R. Technologies Limited
2025 Latest Caselaw 4722 Jhar

Jharkhand High Court

Mecon Limited vs M/S J.B.R. Technologies Limited on 11 April, 2025

Author: Sujit Narayan Prasad

Bench: Sujit Narayan Prasad

                                        2025:JHHC:11271




       IN THE HIGH COURT OF JHARKHAND AT RANCHI
            Arbitration Application No. 22 of 2024
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Mecon Limited, Head office at-Doranda Main Road, Vivekanand Chowk, Shyamali Colony, P.O. & P.S.- Doranda, Ranchi, Jharkhand 834002 through its General Manager I/c (Contracts), Sri Satish Kumar Gupta, aged about 53 years, S/o- Shiv Shankar Prasad, R/o-101, Konika Apartment, SOP, P.O. & P.S.-Doranda, Ranchi-

  834002.                           .... ...     Petitioner
                               Versus

M/s J.B.R. Technologies Limited, having it's registered office at Moti Nagar, Jain Colony, P.O. & P.S. -Moti Nagar, District-Ludhiana, Punjab-141010.

... ... Respondent

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CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD

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For the Petitioner : Mr. Amit Kumar Das, Advocate For the Respondent : Mr. Onkar Nath Tewary, Advocate Mr. S.S. Sisodia, Advocate Mr. Shamaiel Raza, Advocate

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th Order No. 07/Dated 11 April, 2025 Sujit Narayan Prasad, J:

1. The instant application, under Section 11(6) of the

Arbitration & Conciliation Act, 1996, [hereinafter

referred to as Act, 1996] has been filed seeking a

direction for appointment of sole Arbitrator for

resolution of dispute in view of arbitration clause as

contained under Clause 51 of the Work Order dated

17.12.2021.

2. The subject matter of instant petition is that the

work order dated 17.12.2021 was issued in favour of

respondent which contains Arbitration Clause as

2025:JHHC:11271

under Clause 51 thereof for resolution of dispute

through arbitration.

3. Mr. Amit Kumar Das, learned counsel for the

petitioner has submitted for the purpose of

resolution of dispute the efforts having been taken

for conciliation as under Section 21 of the Act, 1996

for appointment of arbitrator coupled with the fact

that the petitioner has given suggestion of the name

of arbitrator but the respondent did not agree with

the said names rather the respondent has come with

other names of arbitrator on which the petitioner is

not agreeable.

4. However, learned counsel appearing for both the

parties have submitted that in the identical nature of

contract, Hon'ble Mr. Jutice Tapan Sen [Former

Judge of this Court] has been appointed as Arbitrator

and as such in order to avoid the conflicting decision,

it would be just and proper to appoint Mr. Tapan Sen

[former judgment of this Court] as an Arbitrator.

5. In view of submissions advanced by learned counsel

for the parties, this Arbitration Application stands

disposed of by appointing Hon'ble Mr. Justice Tapan

Sen, Former Judge, High Court of Jharkhand,

residing at Flat No. 3903, Block-C, Sriram Garden,

2025:JHHC:11271

Opp. Reliance Mart, Kanke Road, Ranchi, as

Arbitrator for resolution of dispute.

6. Needless to say that the parties will be at liberty to

raise all the legal issues for its consideration before

the learned Arbitrator, in accordance with law.

7. Learned Registrar General of this Court is directed to

send a copy of the entire records of this case along

with entire order sheet with this order to the learned

Arbitrator forthwith.

8. The instant arbitration application is allowed and

accordingly, disposed of.

(Sujit Narayan Prasad, J.) Alankar/ N.A.F.R.