SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Article Pause Article
judgment-img

2022 Supreme(Online)(MAD) 13385

IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 22.07.2022 CORAM THE HONOURABLE Mr.JUSTICE M.SUNDAR Arb O.P(Com.Div.)Nos.312 to 314 of 2022 and Arb.Appln.Nos.46 & 47 of 2022 and O.A.Nos.50 to 52 of 2022 Suzlon Global Services Ltd., Rep. by its Authorized Signatory Mr.Chitbabu Sundareswaran Registered Office at 5, Shrimali Society Near Shri Krishna Complex Navrangpura, Ahmedabad - 380 009.

Branch Office at

104, Delta Wing, Raheja Towers

107, Anna Salai Chennai-600 002. ... Petitioner in Arb.O.P.(Com.Div.)Nos.312 to 314 of 2022 vs.

Sangeeth Textiles (P) Ltd., Rep. by its Managing Director Mr.E.R.Elango No.551, Ganesapuram, S.S.Kulam (Via)

Coimbatore - 641 107. ... Respondent in Arb.O.P.(Com.Div.)Nos.312 to 314 of 2022 Arbitration Original Petition Nos.312 to 314 of 2022 filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 to appoint a sole Arbitrator to adjudicate the differences and disputes that have arisen between the parties in terms of the Operation & Maintenance Agreements dated

31.03.2016, 15.06.2013 and 01.04.2014 respectively.

For Petitioner in Arb.O.P.(Com.Div.)Nos.312 to 314 of 2022 : Mr.Abhinav Parthasarathy For Respondent in Arb.O.P.(Com.Div.)Nos.312 to 314 of 2022 : Ms.R.Roshini *****

O R D E R

This common order will now dispose of the captioned three 'Arbitration Original Petitions' [hereinafter 'Arb OPs' for the sake of convenience and clarity], captioned two 'Arbitration Applications' [hereinafter 'Arb Applns' for the sake of convenience and clarity] and captioned three Original Applications [hereinafter 'OAs' for the sake of convenience and clarity].

2. There are two parties in the captioned matters. Both parties are Companies incorporated in India. One is a public limited company and other is a private limited company but it is not necessary to dilate on this aspect of the matter. Suffice to say that the two parties are 'Suzlon Global Services Ltd.,' [hereinafter 'contractor' for the sake of convenience and clarity] and 'Sangeeth Textiles (P) Ltd.,' [hereinafter 'employer' for the sake of convenience and clarity].

3. Mr.Abhinav Parthasarathy, learned counsel on record for contractor and Ms.R.Roshini, learned counsel on record for employer are before this Court.

4. Captioned three Arb OPs have been presented in this Court by the contractor under Section 11 of 'The Arbitration and Conciliation Act, 1996 (Act No.26 of 1996)' [hereinafter referred to as 'A and C Act' for the sake of convenience, clarity and brevity] with prayers for appointment of Arbitrator. Captioned OAs namely, O.A.Nos.50 to 52 of 2022 have also been taken out by contractor albeit under Section 9 of A and C Act with various interim prayers. However, Arb Applns namely, Arb Appln Nos.46 and 47 have been taken out by employer under Section 9 of A and C Act with different interim prayers.

5. Both the aforementioned learned counsel, on instructions, submit that a sole Arbitrator (Arbitrator of this Court's choice) can be appointed. To be noted, consensus begins and ends here. There is no other consent or concession by either side and all the questions are left open.

6. Aforementioned limited consent/consensus has now made the task of disposal of the captioned matters fairly simple.

7. Suffice to say that there are three agreements between employer and contractor being agreements dated 31.03.2016, 15.06.2013 and 01.04.2014. [hereinafter collectively 'primary contracts' in plural and 'I primary contract', 'II primary contract' and 'III primary contract' respectively wherever, there is a need to refer to contract individually i.e., independent of one another]. 8. The arbitration clause in I primary contract is clause 14 captioned 'DISPUTE RESOLUTION'. This clause has to be read with clause 15 captioned 'Jurisdiction and Governing Law'. A scanned reproduction of these clauses 14 and 15 in I primary contract is as follows:

9. The arbitration clauses in II and III primary contracts is also clause

14 captioned 'Dispute Resolution' but there is a difference regarding seat / venue. The arbitration clause in II and III primary contract have to be read along with clause 15 thereat captioned 'Jurisdiction and Governing Law'. A scanned reproduction of these clauses 14 and 15 in II and III primary contract are as follows:

10. Aforementioned clauses serve as arbitration agreements i.e., 'Three Arbitration Agreements' between employer and contractor being arbitration agreements within the meaning of Section 2(1)(b) read with Section 7 of A and C Act is the common say of both learned counsel. As regards arbitration agreement qua I primacy contract, both learned counsel, on instructions, submit that the parties have agreed that Seat / Venue shall be Chennai and not Pune. In this regard, a letter dated 13.01.2022 qua I primary contract from employer forming part of typed set of papers was referred to. A scanned reproduction of this letter is as follows:

11. Adverting to the aforementioned letter, learned counsel for contractor on instructions submits that contractor also agrees that Seat / Venue qua I primary contract also shall be Chennai. This submission is recorded and this Court proceeds to appoint a sole Arbitrator for three contracts on this basis.

12. As regards a

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
whatsapp-icon Back to top