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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K.LAKSHMAN
Danieli India Limited – Appellant
Versus
Mishra Dhatu Nigam Limited – Respondent
ORDER :
K. LAKSHMAN, J.
Heard Mr. S. Ram Babu, learned counsel for the applicant and Ms. V. Uma Devi, learned counsel for the respondent.
2. This application is filed under Section - 11 (6) (c) of the Arbitration and Conciliation Act, 1996 (for short ‘Act, 1996’), to appoint three (03) Arbitrators to adjudicate the disputes between the parties.
3. CONTENTIONS OF THE APPLICANT
i) The applicant is a Company incorporated under the Companies Act, 1956. It is engaged in the design, engineering, and supply of steel plant equipment. It has entered into a Contract with respondent dated 28.04.2017 for setting up Single Stand Reversing 4- HI Wide Plate Hot Rolling Mill for Rolling of Plates (Phase-I) at the respondent premises in Hyderabad.
ii) The said contract was for design, supply and commissioning of various plant equipment and technological structures. It is the specific contention of the applicant that as per the terms of the contract, the applicant has agreed to undertake design, engineering, manufacture and supply of plant and equipment, technological structures, supply of refractory’s, civil and structural consultancy work, intermediate storage, insurance and handling, erection work, tes
The court upheld the intention to arbitrate despite the designated institution's defunct status, appointing a sole arbitrator for the disputes arising from the contract.
An application for appointment of an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 is maintainable despite previous delays, as no arbitral proceedings were initiated un....
The main legal point established is that once an application is filed under Section 11(6) of the Arbitration and Conciliation Act 1996, the right of the opposite party to appoint the arbitrator cease....
Arbitration clause persists despite challenges; disputes require arbitrator resolution.
The main legal point established in the judgment is the principle of minimal judicial intervention in the arbitral process, emphasizing the competence of the arbitrator to decide all preliminary issu....
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