18-CARAP-116-21.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

IN ITS COMMERCIAL DIVISION

COMMERCIAL ARBITRATION APPLICATION NO.116 OF 2021

Linde India Limited

.. Applicant

Vs.

Sterlite Technologies Limited

.. Respondent

------------

Mr.Vikas Talsania and Mr. Ashutosh Desai i/b. Desai Desai

Carrimjee and Mulla for the Applicant .

Mr.Madhur R. Baya a/w. T. Srivastava for the Respondent.

CORAM :- B.P.COLABAWALLA, J.

DATE :- 17^th AUGUST, 2021.

P. C.:

1.

This Application is filed under Section 11 of the

Arbitration and Conciliation Act, 1996 seeking the appointment of

the 2^nd Arbitrator and subsequently a direction to the Arbitral

Tribunal to adjudicate the disputes and differences between the

parties have arisen under the Hydrogen Supply Agreement

dated 1^st March, 2011 read with the Operation and Maintenance

Services Agreement dated 1^st March, 2011.

2.

The Arbitration Clause in Hydrogen Supply Agreement

Ganesh Lokhande 1/5

GANESH

SUBHASH

LOKHANDE

Digitally signed by

GANESH SUBHASH

LOKHANDE

Date: 2021.08.23

17:11:29 +0530

18-CARAP-116-21.doc

is reproduced herein under:

“In the event of any dispute or difference arising or occurring between the

Parties in relation to anything or any matter arising out of or under this

Agreement, the same shall be referred for arbitration to a sole arbitrator, if the

Parties agree upon the same, failing which the dispute shall be referred to

three arbitrators, each Party to appoint one arbitrator and the two appointed

arbitrators shall appoint the third arbitrator who shall act as the presiding

arbitrator. The decision of the sole arbitrator or in the event of arbitration by

the three arbitrators, the decision of the majority of the arbitrators shall be

final and binding upon the Parties. The arbitration shall be conducted in

accordance with the Arbitration and Conciliation Act, 1996 or any other

statute governing the law of arbitration applicable at the relevant time. The

arbitration shall be conducted at Mumbai.”

3.

As can be seen from the aforesaid Arbitration clause,

the Arbitration was to be referred to sole Arbitrator, if the parties

agreed upon the same and failing which, the dispute were to be

referred to a three Member Tribunal.

4.

Today when the matter is called out, the parties have

agreed that without prejudice to their rights and contentions in

the Arbitration, Mr.Justice S. C. Gupte, a Retired Judge of this

Court, be appointed as a sole Arbitrator to decide the disputes and

differences between the parties arising out of and/or in connection

with and/or incidental to the Hydrogen Supply Agreement dated

1^st March, 2011 read with the Operation and Maintenance

Services Agreement dated 1^st March, 2011.

Ganesh Lokhande 2/5

18-CARAP-116-21.doc

5.

In view of the aforesaid consensus, the following order

is passed by consent of parties:

(a) Mr.S. C. Gupte, a Retired Judge of this Court, is hereby

appointed to act as a Sole Arbitrator to decide the

disputes and differences between the Applicant and the

Respondent arising out of and/or incidental to and/or

in connection with the Hydrogen Supply Agreement

dated 1^st March, 2011 read with the Operation and

Maintainence Services Agreement dated 1^st March,

2011.

(b)

A copy of this order will be communicated to the

learned Sole Arbitrator by the advocates for the

Applicant within a period of one week from today.

(c)

The learned Sole Arbitrator is requested to forward a

statement of disclosure under Section 11(8) read with

Section 12 (1) of the Arbi