2025:JHHC:13164 -1 of 2- IN THE HIGH COURT OF JHARKHAND AT RANCHI Arbitration Application No. 18 of 2025 HCL Infotech Limited, (a private company duly incorporated and registered under the Companies Act, 1956), having its registered office at 806, Siddhartha, 96 Nehru Place, P.O. & P.S. Kalkaji, Dist. New Delhi, India – 110019, through its Consultant Mr. Prabhakar Tewari aged about 58 years, S/o Sri Dev Dhari Tiwari, resident of – E1/1703, 17th Floor, Tower E-1, GH-18, Near Exotica Dream Ville, Radicon Vedantam, Bishrakh, Gautam Buddh Nagar, P.O. Bishrakh, P.S. Bishrakh, Dist. Gautam Buddh Nagar, Uttar Pradesh – 201306 ... Applicant Versus 1. Jharkhand Bijli Vitran Nigam Limited (JBVNL), HEC Building, Dhurwa, P.O., P.S. Dhurwa, Dist. Ranchi, Jharkhand – 834004 through its Managing Director. 2. General Manager (R-APDRP), Jharkhand Bijli Vitran Nigam Limited, HEC Building, Dhurwa, P.O., P.S. Dhurwa, Dist. Ranchi, Jharkhand – 834004 … … ... Respondents --------- CORAM: HON’BLE THE CHIEF JUSTICE --------- For Applicant : Mr. Amitesh Chandra Mishra, Advocate. Mr. Rishi Bharati, Advocate. For Respondents : Mr. Sachin Kumar, Sr. S.C. --------- 05/Dated: 02.05.2025 Heard both sides. 2. This application has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 for appointment of an Arbitrator to adjudicate the disputes between the parties arising out of Agreement dt. 14.03.2011. 3. The arbitration clause between the parties is contained in the Special Conditions of Contract at page 435 and contemplates appointment of three Arbitrators in all with each party appointing one each and the two nominated Arbitrators mutually agreeing and nominating a third Presiding Arbitrator. The said clause states that the Arbitrator shall necessarily be retired High Court Judges and the umpire shall be a retired Chief Justice. 4. Though the applicant had issued a legal notice on 28.12.2024 invoking the said arbitration clause and appointing Mr. Justice Deepak Gupta, Former Judge of the Supreme Court of India as the 2025:JHHC:13164 -2 of 2- applicant’s nominee Arbitrator, counsel states that in view of the requirement of the arbitration clause requiring a retired High Court Judge to be an Arbitrator, the applicant is nominating Mr. Justice Nagaraja Rao Kumar, Former Judge of the Karnataka High Court, residing at Office No. 103, Skyline Golden Rays Apartment, Poornachandra, Tejaswi Road Gavipura, Kempegowda Nagara, Banglore – 560019, as its nominee. 5. In the counter affidavit filed on behalf of the respondents except taking a technical plea that prior steps indicated in the agreement for settling the dispute have not been taken, the respondents have not chosen to suggest the name of any Arbitrator. 6. Therefore, this application is allowed and Mr. Justice Goda Raghuram, Former Judge of the Andhra Pradesh High Court, residing at Plot No. 1099, Road No. 36, Jubilee Hills, Hyderabad - 500033, landmarks; opposite Metro Pillar C-1659; and adjacent to SBI Platinum Branch, is appointed as an Arbitrator on behalf of the respondents. The Arbitrator appointed by the applicant and the Arbitrator appointed by this Court for the respondents shall mutually agree to appoint a third/Presiding Arbitrator subject to usual terms and conditions. 7. Learned Arbitrators would be free to lay down fees and other expenses towards conduct of the arbitration proceedings, however, keeping into account the ceiling prescribed under Schedule IV of the Act of 1996 as amended. 8. Learned Arbitrators would endeavor to conclude the proceedings expeditiously, also taking into regard the mandate of the Legislature under Section 29-A of the Act of 1996. 9. The Registry is directed to intimate the learned Arbitrators so appointed to take up the arbitration proceeding and send photocopy of the entire pleadings along with copy of the entire order sheets to the learned Arbitrators. (M. S. Ramachandra Rao, C.J.) APK/VK