Advocates:
['AC DHARMADHIKARI', 'DEOUL PATHAK', 'RP JOG', 'MASOOD SHAREEF', 'AJ MIRZA/R- AND']

1 2709mca701.13.odt

FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

MISC. CIVIL APPLICATION (ARBITRATION) NO.701 OF 2013

NARESH KUMAR & CO. PV.T LTD.

VS

MANGANESE ORE (INDIA) LTD. AND ANOTHER

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Office Notes, Office Memorandum of

Coram appearances, Court's orders or

directions & Registrar's orders.

Court's or Judges Order

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Shri A. C. Dharmadhikari Advocate for the petitioner.

Shri Masood Shareef, Advocate for the respondents 1 & 2.

C ORAM

: SMT. VASANTI A. NAIK,

J.

DATED : 27TH

SEPTEMBER, 2013.

By this application, the applicant seeks the

appointment of a fit, proper and independent person for

adjudicating the disputes and claims of the applicant with a

direction to the appointed arbitrator to make and publish the

award as per the provisions of Arbitration and Conciliation Act,

1996.

The applicant and the respondent No.1 Company

entered into a contract by which the applicant was required to

remove the waste rock by mechanized means from the mine. Some

dispute arose between the applicant and the respondent No.1.

There is an arbitration clause in the agreement entered between

the petitioner and the respondent No.1 and the same reads thus:

2 2709mca701.13.odt

“43.

ARBITRATION:

Any dispute of difference under or arising

out of or in respect of the agreement/work

order shall be settled through mutual

discussion. If matter is not resolve in

mutual discussion then same shall be

referred to the Chairman-cum-Managing

Director of MOIL, MOIL Bhawan, 1-A Katol

Road Nagpur-13 or his authorized

representative as sole arbitrator and the

decision of sole arbitrator on the matter in

dispute shall be final and binding on the

contractor and the company.

The

arbitrator shall enter the reference and

conduct his proceeding according to

provision of the Arbitration & Conciliation

Act, 1996.

The arbitrator shall be competent to decide

whether any matter of dispute or difference

referred to him falls within the purview of

the arbitration, as provided for above.

There will be no objection to any such

appointment that the person appointed is

or was any employee of MOIL and that he

had to deal with the matter to which the

agreement relates and that in course of his

duties as such employees of MOIL he has

expressed views on all or any of the matter

in dispute or difference. It is a term of his

agreement that event of such an arbitrator

to whom the matter is originally referred

by the CMD, MOIL at the time of such

transfer, vacation of office or inability of

the arbitrator to act shall appoint another

person to act as an arbitrator. Such person

shall be entitled to proceed with the

reference from the stage at which it was

left by his predecessor. The cost in

connection with the arbitration shall be in

the discretion of the arbitrator who may

make a suitable provision for the same in

his award.”

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Since the disputes arose between the parties, the

applicant issued a notice to the respondent No.1 demanding the

appointment of an independent and impartial arbitrator, as

according to the applicant, the Chairman-cum-Managing Director

or his representative would not have been impartial and hence,

was not liable to be appointed. The respondent No.1 replied to the

notice immediately and stated therein