Constronics Infra Ltd vs Ntpc Tamil Nadu Energy Company Ltd
2025 Latest Caselaw 5271 Mad

Madras High Court

Constronics Infra Ltd vs Ntpc Tamil Nadu Energy Company Ltd on 24 June, 2025

                                                                                         OSA (CAD) No.67 of 2025

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED: 24.06.2025

                                                           CORAM

                                   THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE
                                                              AND
                                     THE HON'BLE MR.JUSTICE SUNDER MOHAN
                                             OSA (CAD) No.67 of 2025


                     Constronics Infra Ltd
                     Rep.by its Authorised Signatory
                     K.Suresh Kumaar                                       : Appellant

                              Vs

                     NTPC Tamil Nadu Energy Company Ltd
                     Vallur Thermal Power Project
                     Post-Vellivoyal Chavadi Ponneri Tk
                     Thiruvallur District
                     Chennai 600 103                                       : Respondent

                     Prayer: Appeal filed to set aside the Order dated 21.12.2024 in A.No.5235
                     of 2024 in Arb.Appl.No.440 of 2024.



                     For Appellant            :         Mr.C.P.Hem Kumar
                                                        for M/s.Ganesh and Ganesh

                     For Respondent           :         Mr.M.Vijayan,
                                                        for King and Partridge




                     Page 1 of 6




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                                                                                             OSA (CAD) No.67 of 2025

                                                              JUDGMENT

(Judgment of the Court was delivered by the Hon'ble Chief Justice)

On 23.06.2025, the following order was passed:

“Counsel states that, in view of the subsequent developments, leave be given to withdraw the appeal with liberty to file an application under Section 17 of the Arbitration and Conciliation Act, 1996 before the Arbitral Tribunal.

2. To a query posed by this Court, counsel for respondent also stated that even respondent is ready to refer the dispute to arbitration. Both counsels stated that this Court itself may appoint the Arbitral Tribunal and requested the matter be posted tomorrow for directions.

Stand over to 24.06.2025 for directions.”

2. Today, both parties have tendered memos, by which both are

agreeable to referring the dispute to a sole arbitrator, instead of a panel of

three arbitrators, as provided in the contract.

3. Shri. Vijayan states that he has received an e-mail last night,

agreeing for appointment of sole arbitrator. Printout thereof is annexed to

the memo filed on behalf of respondent.

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4. Both counsels stated that the Court may appoint any retired Judge

as a sole arbitrator. When the Court suggested the name of Hon'ble

Mr.Justice S.Vaidyanathan, former Chief Justice of the Meghalaya High

Court, both counsel immediately agreed.

5. Accordingly, His Lordship Hon'ble Mr.Justice S.Vaidyanathan

(Retd.) former Chief Justice of the Meghalaya High Court is appointed as

sole Arbitrator to arbitrate on all disputes, including counter-claim arising

out of, in connection with and relating to, agreement (LOA) dated

03.05.2024, and the connected tender documents.

6. The fees and administrative expenses, including typing charges, if

any, shall be shared equally by the parties and the same shall be subject to

costs in the arbitral proceedings.

7. The learned Arbitrator to file a declaration as required under

Section 11(8) read with Section 12(1) of the Arbitration and Conciliation

Act, 1996, directly with the parties through their advocates and a copy be

sent to the Registrar General for placing the same on record along with the

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records and proceedings.

8. All rights and contentions are kept open to be raised before the

learned Arbitrator.

9. Appeal stands disposed of. There will be no order as to costs.

                                                    (K.R.SHRIRAM, CJ.)                     (SUNDER MOHAN, J.)
                                                                                   24.06.2025
                     Index                     : Yes/No
                     Neutral Citation          : Yes/No
                     tar









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                     To

                     The Sub-Assistant Registrar,
                     Original Side Section,
                     Madras High Court









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                                                                THE HON'BLE CHIEF JUSTICE
                                                                               AND
                                                                                SUNDER MOHAN, J.

                                                                                                (tar)









                                                                                           24.06.2025









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