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2025 DAILYLAW 34487 (JHR)

M/S SIMPLEX INFRASTRUCTURES LTD., THROUGH ITS AUTHORISED SINGNATORY MR. SOUMEN PODDER v. M/S. HTG ENGINEERING PVT. LTD.

A.APPL/38/2025 · 2025-10-16

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Judgment text

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2025:JHHC:32162 IN THE HIGH COURT OF JHARKHAND AT RANCHI Arbitration Application No. 38 of 2025 M/s. Simplex Infrastructures Limited, having office at Simplex House, 27 Shakespeare Saran, Kolkata-700017, through its Authorised Signatory Mr. Soumen Podder, Son of Late Santi Ranjan Podder, aged about 43 years, Resident of Sapnil Residency, 10 Biharilal Pal Street, P.O. and P.S.-Koklata, Kolkata-700036 ... ... Petitioner Versus M/s. HTG Engineering Pvt. Ltd, having its office at 2x800 MW Godda Ultra Super Critical Thermal Power Project, Vill: Motia, P.O. & P.S.- Godda, District,Goda … … Respondent --------- CORAM: HON’BLE THE CHIEF JUSTICE --------- For the Petitioner(s): Mr. S.D. Singh, Advocate (Through V.C.) Mr. Ayush, Advocate For the Respondent(s): Mr. Shantanu Chaturvedi, Advocate (Through VC) --------- 03/Dated: 16.10.2025 1. Heard both sides. 2. This Arbitration Application has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 for appointment of Presiding Arbitrator/Third Arbitrator for reference of the dispute arising out of the Agreement dated 20.11.2018 between the parties for adjudication. 3. Since, there is an arbitration clause which is admitted by both parties, therefore, at the joint request of the parties, Hon’ble Mr. Justice Kurian Joseph, retired Judge of Hon’ble Supreme Court of India, presently residing at No. 50, Poorvi Marg, 1st Floor, Vasant Vihar, New Delhi-110057, is hereby appointed as the Presiding Arbitrator/Third Arbitrator to adjudicate the dispute between the parties. 2025:JHHC:32162 4. All contentions available to the parties are left open in accordance with law. 5. Learned Arbitrator would be free to lay down the fees and other expenses towards conduct of the arbitration proceedings, however, while doing so he shall take into account the ceiling prescribed under Schedule IV of the Act of 1996 as amended. 6. Learned Arbitrator would endeavor to conclude the proceedings expeditiously by taking into regard the mandate of the Legislature under Section 29-A of the Act of 1996. 7. Accordingly, this application is allowed. 8. The Registry is directed to intimate the Arbitrator so appointed with a request to take up the arbitration proceedings and shall also provide photocopies of the entire pleadings along with copies of the entire order-sheets to the learned Arbitrator. 9. Urgent Certified Copies as per Rules. (Tarlok Singh Chauhan, C.J.) 16/10/2025 NAFR Sharda/MM Cp.012