Mahesh Bigala And Associates vs India Ahead News Private Limited
2021 Latest Caselaw 1387 Tel

Item No.6

      THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
                                     AND
      THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY

                          COMCA.No.23 of 2021

JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)


1.     The appellant is aggrieved by the order dated 17.03.2021

passed by the Special Court for Trial and Disposal of Commercial

Disputes at Hyderabad whereunder, C.O.P.No.96 of 2020 filed by it

under Section 9 of the Arbitration and Conciliation Act, 1996 (for

short 'the A&C Act') praying inter alia for nine (9) interim measures,

has been partly allowed by granting prayers (c), (d) and (f), while

declining prayers (a), (b), (e), (g), (h), (i), (j) and (k).

2.     At the outset, we have enquired from learned counsel for the

parties as to whether the Arbitration Tribunal has been constituted to

adjudicate the claims and/or counter claims raised by the parties

against each other only to be informed that the names of some retired

Judges were exchanged by the parties, but there was no consensus. As

a result, the appellant had to file a petition under Section 11 of the

A&C Act for appointment of a Sole Arbitrator, registered as

Arbitration Petition No.47 of 2021, which is listed before the learned

Single Judge on 04.06.2021.

3.     To cut short the delay and to expedite the initiation of the

arbitration proceedings, we have requested learned counsel for the

parties to suggest an agreed name.




COMCA.No.23 of 2021                                            Page 1 of 3
 4.    Mr. Jayant K.Mehta, learned Senior Advocate appearing for the

appellant, Mr. Sivaraju Srinivas, learned Advocate appearing for the

respondent No.2 and Mr. M.V.Pratap Kumar, learned counsel for the

respondents No.1, 3 and 4 have mulled over the names coming from

each other and have finally agreed on the name of Hon'ble Justice

Bhavani Prasad, Retired Judge, common High Court of Andhra

Pradesh, to act as the Sole Arbitrator.

5. Ordered accordingly. Justice Bhavani Prasad, Retired Judge, is

appointed as the Sole Arbitrator to adjudicate all the inter se disputes

between the parties subject matter of the MOU's dated 11.09.2019

and 15.06.2020. It shall be for the Sole Arbitrator to fix his own fees.

6. Learned counsel for the parties state in unison that they will

approach Hon'ble Justice Bhavani Prasad (Retd) with a request to

enter into the reference at the earliest and they shall file

claims/counter claims as also invoke the provisions of Section 17 of

the A&C Act for seeking interim measures, as may be considered

expedient.

7. Learned counsel for the parties further state that in view of the

fact that they have now agreed on the name of the Sole Arbitrator, the

appellant will not proceed any further with the present appeal; nor do

the respondents propose to pursue the appeals in the pipeline against

the impugned order dated 17.03.2021. The appellant is directed to file

an application for seeking withdrawal of Arbitration Petition No.97 of

2021, which is listed before the learned Single Judge on 04.06.2021.

8. Parties have further agreed that the impugned order shall

continue to remain in force till the application under Section 17 of the

A&C Act proposed to be moved by them before the Sole Arbitrator is

decided. Both the parties assure this court that they shall not delay the

proceedings before the Arbitral Tribunal and file their claims and

counter claims in a time bound manner.

9. While disposing of the present appeal, along with the pending

applications, in terms of the statement of the parties recorded

hereinabove, it is made clear that if the parties approach the learned

Sole Arbitrator for seeking interim measures, he shall decide the said

application uninfluenced by the observations made in the impugned

order.

_________________ HIMA KOHLI, CJ

______________________ B. VIJAYSEN REDDY, J 28.04.2021 Lur