Madras High Court
Suryadev Alloys And Power Private ... vs Shri Govindaraja Textiles Private ... on 21 October, 2024
Author: M.Sundar
Bench: M.Sundar
O.S.A Nos.158 & 159 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.10.2024
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR
and
THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI
O.S.A Nos.158 & 159 of 2020
Suryadev Alloys and Power Private Limited
Represented by its Authorized Signatory
Mr.Govind Gagoria
Having its registered office at
No.497, Poonamallee High Road
Arumbakkam
Chennai - 600 106 ... Appellant
in both appeals
Vs.
Shri Govindaraja Textiles Private Limited
Represented by its Director
Having its registered office at
No.258, Tiruchuli Road
Aruppukottai
Virudhunagar District - 626 101 .. Respondent
in both appeals
O.S.A Nos.158 of 2020 : Original Side Appeal filed under Order XXXVI
Rule 1 of the Original Side Rules read with Section 37 of the Arbitration
and Conciliation Act, 1996 to set aside the common order and decretal
order dated 08.05.2020 in O.P.No.955 of 2019.
O.S.A Nos.159 of 2020 : Original Side Appeal filed under Order XXXVI
Rule 1 of the Original Side Rules read with Section 37 of the Arbitration
and Conciliation Act, 1996 to set aside the common order and decretal
order dated 08.05.2020 in O.P.No.15 of 2020.
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O.S.A Nos.158 & 159 of 2020
For Appellant : Mr.Sharath Chandran
in both appeals for Mr.P.Krishnan
For Respondent : Mr.A.Muthukumar
in both appeals
COMMON JUDGMENT
(Judgment of the Court was delivered by M.Sundar, J.)
This common consent order will now dispose of the captioned
two intra-court appeals i.e., captioned 'Original Side Appeals' ['OSAs' in
plural and 'OSA' in singular for the sake of brevity].
2. The nucleus of the captioned matters is a 'Power Purchase
Agreement dated 20.03.2015' [hereinafter 'said PPA' for the sake of
brevity]. This said PPA is between 'Suryadev Alloys and Power Private
Limited' [hereinafter 'SAPPL' for the sake of brevity] and 'Shri
Govindaraja Textiles Private Limited' [hereinafter 'SGTPL' for the sake of
brevity]. Arbitrable disputes arose between SAPPL and SGTPL qua said
PPA leading to arbitration by an 'Arbitral Tribunal' ['said AT' for the sake
of brevity]. To be noted, said AT is a sole Arbitrator and the sole
Arbitrator is a former Hon'ble Judge of this Court.
3. The afore-referred said AT made an 'award dated 13.09.2019'
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O.S.A Nos.158 & 159 of 2020
[hereinafter 'said award' for the sake of convenience and clarity]. Owing
to this being a consent order, this Bench is not dilating either on the
arbitrable disputes qua said PPA or the said award. Suffice to say that
said award was assailed by both SAPPL and SGTPL. While SAPPL filed
O.P.No.955 of 2019, SGTPL filed O.P.No.15 of 2020. Both OPs are
obviously under Section 34 of 'The Arbitration and Conciliation Act,
1996 (Act No.26 of 1996)' [hereinafter 'A and C Act' for the sake of
brevity]. Section 34 Court took up both OPs and disposed of the same in
and by a common order dated 08.05.2020. This common order dated
08.05.2020 shall be referred to as 'impugned order' for the sake of brevity
and convenience. In and by the impugned order, Section 34 Court
allowed O.P.No. 15 of 2020 filed by SGTPL and dismissed O.P.No.955
of 2019 filed by SAPPL. The squitur was, said award dated 13.09.2019
was set aside. As against this impugned order of Section 34 Court,
SAPPL has filed the captioned two OSAs.
4. Suffice to say that the matter before us turned heavily on
Section 29A of A and C Act as it was the specific case of SGTPL that
said award had been made after the mandate of AT had lapsed. However,
Section 34 petition filed by SAPPL pertains to pende lite interest. We
again refrain from delving into these aspects of the matter as captioned
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O.S.A Nos.158 & 159 of 2020
appeals are now being disposed of by a simple consent order.
5. Considering the position that matter turns on a short point
notwithstanding myriad grounds raised and also taking into account the
lack of specificity with regard to certain dates qua the short point, both
parties agreed for re-arbitration and both parties also agreed on the sole
Arbitrator for re-arbitration. Both parties agreed that Hon'ble Mr.Justice
K.Kannan (Retired), No.3/11, Lakshmi Colony, North Crescent Road,
T.Nagar, Chennai-600 017 (Mobile : 97800 08145, Land line : 044-2815
4145) shall be the sole Arbitrator.
6. Be that as it may, both parties agreed that in re-arbitration,
pleadings already on record (to be noted, both sides agree that pleadings
were complete before said AT after which the said award was rendered)
shall be used for re-arbitration. This means that both parties shall neither
add not redact qua pleadings already on record. However, it is open to
both parties to lead any oral evidence and/or mark exhibits afresh.
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O.S.A Nos.158 & 159 of 2020
7. In the light of the consensus arrived at, the following consent
order is made:
a) Award already made being award dated
13.09.2019 is set aside in its entirety;
b) The aforementioned award is set aside solely for
the sake of facilitating re-arbitration and therefore, we make
it clear that we have not expressed any view or opinion on
the merits of the matter;
c) In re-arbitration, pleadings already completed
shall be the basis for re-arbitration drill;
d) In re-arbitration, all questions are left open;
e) In re-arbitration based on the pleadings already
complete, it is open to the parties to lead any oral evidence
and/or mark exhibits afresh;
f) The parties agreed that they will extend fullest
cooperation to the Hon'ble Arbitrator in the re-arbitration for
expeditious conclusion and pronouncement of award;
g) In all other aspects, though obvious we make it
clear that the ensuing arbitration shall be governed by A and
C Act and arbitration shall be at 'Madras High Court
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O.S.A Nos.158 & 159 of 2020
Arbitration and Conciliation Centre under the aegis of this
Court' ('MHCAC' for the sake of brevity) in accordance with
the Madras High Court Arbitration Proceedings Rules 2017
and learned Arbitrator's fee shall be as per Madras High
Court Arbitration Centre (MHCAC) (Administrative Cost
and Arbitrator's Fees) Rules 2017.
Captioned OSAs are disposed of in the aforesaid manner in and
by instant consent order. There shall be no order as to costs.
(M.S.J.) (K.G.T.,J.)
21.10.2024
Index:No
Neutral Citation: No
gpa
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O.S.A Nos.158 & 159 of 2020
M.SUNDAR.J.,
and
K.GOVINDARAJAN THILAKAVADI, J.,
gpa
O.S.A Nos.158 & 159 of 2020
21.10.2024
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