ARBP/20/2020
2021 Latest Caselaw 3917 Ori

ARBP No.20 of 2020

07. 19.03.2021 1. Heard Mr. Gautam Mukherji, learned Senior Advocate for the Petitioner and Ms. Pami Rath, learned counsel for the Opposite Party-NALCO.

2. The present petition under Section 11 (6) of the Arbitration and Conciliation Act, 1996 ('Act') seeks the appointment of an Arbitrator to adjudicate the dispute between the Petitioner and the Opposite Party arising out of the work orders dated 25th October, 2013 (Annexure-2 and 3 respectively).

3. The objection raised by the Opposite Party is that the notice dated 7th January 2020, was not addressed to the Managing Director of the Opposite Party as required. However, the Court finds it to be a really a technical objection since the notice was in fact sent to the Corporate Office of the Opposite Party. Also the judgment of the Supreme Court in Perkins Eastman Architects DPC and others v. HSCC (India) Ltd. AIR 2020 (SC) 59 does not support the above plea of the Opposite Party.

4. The existence of the arbitration clause and the existence of the disputes between the parties have not been contested.

5. Considering the submissions made, the Court appoints Mr. Justice P.K. Misra, former Chief Justice of Patna High Court as the sole Arbitrator to adjudicate the disputes between the parties. The arbitration shall take place under the aegis of the High Court of Orissa Arbitration & Mediation Centre.

6. The arbitration petition is disposed of accordingly. A copy of this order be communicated to the learned Arbitrator.

7. An urgent certified copy of this order be issued as per rules.

( Dr. S. Muralidhar) S.K. Guin Chief Justice