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    PATEL GAMMON JOINT VENTURE v. SJVN LTD

    H

    ig h Co ur t o f H

    .P

    .

    IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

    ON THE 5th DAY OF JANUARY, 2023

    BEFORE

    HON'BLE MR. JUSTICE A.A. SAYED,

    CHIEF JUSTICE

    ARBITRATION CASE No. 03 of 2022 Between:-

    PATEL-GAMMON JOINT

    VENTURE HAVING ITS

    PRINCIPLE OFFICE AT: PATEL

    ENGINEERING LIMITED. PATEL

    ESTATE ROAD, JOGESHWARI

    (W) MUMBAI, MAHARASHTRA -

    400 102 (THROUGH ITS

    AUTHORIZED SIGNATORY MR.

    ARUN BAJAJ AGED 41 YEARS).

    …..PETITIONER

    (BY MR. BHUPINDER GUPTA,

    SENIOR ADVOCATE WITH MR.

    JANESH GUPTA, ADVOCATE)

    AND

    1. SJVN LIMITED A COMPANY

    INCORPORATED UNDER THE

    PROVISIONS OF THE

    COMPANIES ACT, 1956 HAVING

    ITS REGISTERED OFFICE AT:

    SHAKTI SADAN, SHANAN

    SHIMLA, HIMACHAL PRADESH

    -171016 (H.P) THROUGH ITS

    1

    2

    DIRECTOR (CIVIL)

    2. MINISTRY OF POWER

    GOVERNMENT OF INDIA,

    SHRAM SHAKTI BHAWAN, NEW

    DELHI-110001. THROUGH ITS

    SECRETARY (POWER), UNION

    OF INDIA

    …..RESPONDENTS

    (MR. K.D. SHREEDHAR,

    SENIOR ADVOCATE WITH MR.

    SAMEER THAKUR, ADVOCATE

    FOR R-1

    MR. BALRAM SHARMA,

    ASSISTANT SOLICITOR

    GENERAL OF INDIA, FOR R-2 )

    _____________________________________________________ This case coming on for orders this day, the Court delivered the following:

    J U D G M E N T

    This is an Application under Section11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the Act").

    2. The subject matter of the above Application is claim Nos. 41-43 under the same Contract between the same parties in respect of the same project as in Arbitration Case No. 70 of 2020. The facts of the present Application are more or less similar to the facts in Arbitration Case No. 70/2020.

    3

    3. For the reasons stated in a separate order passed today in Arbitration Case No.70 of 2020, the following order is passed in this case:

    ORDER:

    i) The Arbitral Tribunal comprising of Hon'ble Justice Kurian Joseph, former Judge of the Supreme Court, as the presiding Arbitrator, along with Mr. Anand Kumar Jain and Mr. Bhawani Datt Joshi, as co-Arbitrators (which is considering the earlier claim Nos. 27-36 under the same Contract between the same parties and the same project), is appointed to adjudicate the dispute between the parties.

    (ii) The parties shall appear before the prospective Arbitral Tribunal on a date which may be mutually fixed by the Arbitral Tribunal, not later than four weeks from today. The fees payable to the learned Arbitrators would be the same as agreed in respect of the earlier claim Nos. 27-36.

    (iii) Office to forward a copy of this order to the learned Arbitrators on the following address:

    1. Mr. Justice Kurian Joseph, former Judge, Supreme Court of India, D-1/40, Basant Vihar New Delhi 110057.

    4

    2. Anand Kumar Jain, Flat No. F-1&F-2, JAI-JAI, Parshwanath Jain, Mandir Complex Niranjan Park, Nangali Dairy,

    Main Najafgarh Road,

    New Delhi 110043.

    3. Mr. Bhawani Datt Joshi, F-312, Sarita Vihar, New Delhi 110076.

    4. The Application is allowed in the above terms.

    ( A.A. Sayed ) Chief Justice

    January 05, 2023 (cm Thakur)

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    PATEL GAMMON JOINT VENTURE v. SJVN LTD
    (Jan 5, 2023)