OA No. 6 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20-02-2025 CORAM THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE OA NO. 6 of 2025 AND ARB APPLN NO. 10 OF 2025, ARB APPLN NO. 9 OF 2025 GE Vernova T and D India Ltd IOC Building, 19/1, GST Road, Pallavaram, Chennai

600 043 Applicant(s)

Vs BGR Energy Systems Ltd

443, Anna Salai, Teynampet, Chennai 600 018., Having its Registered Office at A-5, Ramapuram Post, Sullupet Taluk, Nellore District, Andhra Pradesh 524 401.IOC Building, 19/1, GST Road, Pallavaram, Chennai 600

043 and another Respondent(s)

Arb Appln NO. 10 of 2025 GE Vernova T and D India Ltd IOC Building, 19/1, GST Road, Pallavaram, Chennai

600 043 Appellant(s)

Vs BGR Energy Systems Ltd IOC Building, 19/1, GST Road, Pallavaram, Chennai

600 043 and another Respondent(s)

Arb Appln NO. 9 of 2025 GE Vernova T and D India Ltd IOC Building, 19/1, GST Road, Pallavaram, Chennai

600 043 Appellant(s)

Vs BGR Energy Systems Ltd IOC Building, 19/1, GST Road, Pallavaram, Chennai

600 043 and another Respondent(s)

OA NO. 6 of 2025 For Applicant(s): Ms.Ashwini Vidialingam.D For Respondent(s): Ms.Abishek Jenasenan for Rr1 Arb Appln NO. 10 of 2025 For Applicant(s): Ms.Ashwini Vidialingam.D For Respondent(s): Ms.Abishek Jenasenan for R1 Arb Appln NO. 9 of 2025 For Applicant(s): Ms.Ashwini Vidialingam.D For Respondent(s): Ms.Abishek Jenasenan for R1

COMMON ORDER

Both the counsels, on instructions, have made a joint endorsement in the Court bundle agreeing for appointment of the Honb'le Justice S.Muralidhar(Retd.) Former Chief Justice of Orissa High Court, as the sole Arbitrator to adjudicate the dispute between the parties arising out of the Purchase Order dated 05.07.2018 and Letter of ward dated 30.06.2018.

2. Since both the parties to the dispute have mutually agreed for the appointment of the Hon'ble Justice S.Muralidhar, Former Chief Justice, Orissa High Court, to act as the sole Arbitrator, this Court is appointing The Hon'ble Justice S.Muralidhar, Former Chief Justice, Orissa High Court, residing at No.15, Sadhana Enclave, Ground Floor, Panchsheel Park, New Delhi - 110 017 (Ph.No.011-45072305) (Cell No.9872727986) as the sole arbitrator to adjudicate the dispute between the parties arising out of the Purchase Order dated 05.07.2018 and Letter of Award dated 30.06.2018.

3. Learned counsel for the first respondent, on instructions, would submit that pending final decision in the arbitration proceedings, the amounts encashed by the first respondent in respect of the Bank guarantee for a sum of Rs.23,15,897/- shall be retained by the first respondent and shall not be disbursed. Even though the learned counsel for the applicant, for the present, is satisfied with the undertaking given by the first respondent, she seeks liberty for the applicant to reserve their rights to file an application before the Arbitral Tribunal under Section

17 of the Arbitration and Conciliation Act to protect the interest of the applicant.

4. No prejudice would be caused if such a liberty is granted. Accordingly, O.A.No.6 of 2015 and Arb.Appln Nos.9 and 10 of 2025 are disposed of after recording the undertaking given by the first respondent that pending final decision in the Arbitration proceedings, the amounts negotiated by the first respondent ABDUL QUDDHOSE,J.

vsi from the Bank in respect of the Bank guarantee for a sum of Rs.23,15,897/- shall be retained by the first respondent and shall not be disbursed. Liberty is also granted to the applicant to file appropriate application before the Arbitrator under Section 17 of the Arbitration and Conciliation Act to protect their interest with regard to the money that has been retained by the first respondent through the encashment of the Bank Guarantee.

20.02.2025 vsi To

1. BGR Energy Systems Ltd

443, Anna Salai, Teynampet, Chennai 600 018., Having its Registered Office at A-5, Ramapuram Post, Sullupet Taluk, Nellore District, Andhra Pradesh 524 401.IOC Building, 19/1, GST Road, Pallavaram, Chennai 600 043

2. Hong Kong and Shangh