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2025 DAILYLAW 12785 (AP)

JINDAL STEEL AND POWER LIMITED v. RASHTRIYA ISPAT NIGAM LIMITED

ARBAPPL/10/2025 · 2025-07-03

Dhiraj Singh Thakur

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010151392025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY.THE FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI DHIRAJ SINGH THAKUR, THE CHIEF JUSTICE ARBITRATION APPLICATION NO: 10 OF 2025 Between: Jindal Steel and Power Limited, A company registered under the Companies Act 1956 Having registered office at O.P Jindal Marg, Hissar, Haryana - 125005 Represented by its Authorized Signatory- Mr. B. Arutsivan ...Petitioner AND Rashtriya Ispat Nigam Limited, A Navratna Public Sector Enterprise Registered under the companies Act 1956, Having Registered office at Administrative Building, Rashtriya Ispat Nigam Limited Vishakhapatnam Steel Plant, Vishakhapatnam, Andhra Pradesh 530031 ...Respondent Arbitration Application filed under Section 11(5) & (6) of the Arbitration and Conciliation Act, 1996 r/w Scheme for Appointment of Arbitrators, 2006 praying that the High Court may be pleased to a) Appoint a Sole Arbitrator u/s 11 (5) and (6) of the Arbitration and Conciliation Act, 1996 to adjudicate the disputes between the Applicant and the Respondent under Clause 17 of the Memorandum of Understanding, dated 19 December 2023; b) To grant any other relief or reliefs which this Honble Court deems fit and proper in the circumstances of the case to Award the costs of the present Application. Counsel for the Applicant: SRI AKSHIT MAGO appearing for SRI D S SIVADARSHAN Counsel for the Respondent: SRI V SUBRAHMANYAM The Court made the following order: ■ APHC010151392025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI Bench Sr.No:-30 [3441] Arbitration Application No: 10 of 2025 Jindal Steel and Power Limited ...Applicant Vs. Rashtriya Ispat Nigam Limited ...Respondent ********* Advocate for Applicant: Mr. Akshit Mago appearing vice Mr. D. S. Sivadarshan Mr. V. Subrahmanyam Advocate for Respondent: CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR : 04'*’ July, 2025. DATE PC : This is an application filed under Section 11 of the Arbitration and Conciliation Act, 1996 (for short, “the Act of 1996”) seeking reference of the disputes arising out of and in connection with an MoU dated 19.12.2023, executed between the applicant and the respondent - RINL. Clause 17 of the MoU envisaged resolution of disputes through the mechanism of arbitration by a sole arbitrator to be appointed mutually by the parties. 2. 3. Disputes having arisen between the parties, a notice dated 17.01.2025, was served upon the respondent invoking the arbitration clause and seeking the appointment of an arbitrator. Failing to arrive at a consensus on a mutually acceptable arbitrator, as can be seen from the reply notice 2 ARBAPPL 10 2025 dated 15.02.2025, served upon the applicant by the respondent herein, the present application has been filed. Learned counsel for the respondent, however, does not deny the existence of either the arbitration clause in the MoU or the disputes that have arisen between the parties and has no objection if a reference is made to an independent arbitrator. 4. 5. Be that as it may, the Arbitration Application is allowed. Justice L. Nageswara Rao, former Judge of the Supreme Court, is appointed as an arbitrator, who shall enter upon the reference and adjudicate upon the disputes arising out of and in connection with MoU, dated 19.12.2023 and render the Award within the statutory period. The parties shall be free to file detailed claims and counter-claims before the learned Arbitrator. The learned Arbitrator shall also be entitled to claim the fee in consultation with the parties. No order as to costs. Pending miscellaneous applications, if any, shall stand closed. A copy of this order be communicated to the learned Arbitrator on the address mentioned herein below: Sd/- E KAMESWARA RAO JOINT REGISTRAR Jh //TRUE COPY// SECTION OFFICER To, 1. Sri Justice L.Nageswara Rao, former Judge of the Supreme Court, R/o 304, Sector 15 A, Noida, Uttar Pradesh - 201 301, Ph:# 9810035984 (along with a copy of Arbitration Application Affidavit and all material papers filed along with Arbitration Application) (BY RPAD) 2. The Registrar(Juciicial), High Court of Andhra Pradesh at Amaravathi 3. Rashtriya Ispat Nigam Limited, A Navratna Public Sector Enterprise Registered under the companies Act 1956, Having Registered office at Administrative Building, Rashtriya Ispat Nigam Limited Vishakhapatnam Steel Plant, Vishakhapatnam, Andhra Pradesh 530031 4. One CC to Sri. D S Sivadarshan Advocate [OPUC] 5. One CC to Sri. V Subrahmanyam Advocate [OPUC] 6. The Section Officer, OS Section, High Court of Andhra Pradesh at Amaravathi 7. Two CD Copies Stu vna f f •< - HIGH COURT DATED;04/07/2025 ORDER ARBAPPL no. 10 OF 2025 X 11 JtlL 2025 rn ^ Current Section ^ ALLOWING THE ARBITRATION APPLICATION