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2025 DAILYLAW 41179 (JHR)

M/S PRABHAT UDYOG, THROUGH ITS PROPRIETOR, MR. PRABHAT NARAYAN v. STEEL AUTHORITY OF INDIA LIMITED, THROUGH ITS DIRECTOR-IN-CHARGE

A.APPL/22/2025 · 2025-11-20

body2025

Judgment text

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Neutral Citation No. 2025:JHHC:34795 p. 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI Arbitration Application No. 22 of 2025 M/s Prabhat Udyog, a sole proprietorship firm, having its place of business at Phase III, E-1, Industrial Area, Bokaro Steel City, P.O & P.S- Bokaro, District- Bokaro Steel City-827014 through its proprietor, Mr. Prabhat Narayan, son of Late Krishna Narayan, resident of Quarter No. 2105, Sector 4C, P.O. & P.S. Sector 4, District Bokaro ... ... Petitioner Versus Steel Authority of India Limited, a Public Sector Undertaking, having its Business Unit at Bokaro Steel Plant, P.O & P.S- Bokaro, District- Bokaro-827001 through its Director-in-charge having its office at SAIL, Bokaro Steel Plant, P.O & P.S- Bokaro, District-Bokaro-827001. … … Respondent --------- CORAM: HON’BLE THE CHIEF JUSTICE --------- For the Petitioner: Mr. Rahul Lamba, Advocate For the Respondent: Mr. Shresth Gautam, Advocate --------- 10/Dated: 20.11.2025 1. Heard both sides. 2. It is not in dispute that the Award passed by the earlier Arbitrator has been set aside. Therefore, in such circumstances, it is incumbent upon this Court to appoint a new Arbitrator. 3. No doubt, such appointment is vehemently opposed by the respondent on the ground that his objections against the order rejecting the objection are pending under Section 37 of the Arbitration Act. However, this contention is without merit and is not sustainable as his appeal against the objections can have no bearing as regards the appointment of a new Arbitrator. 4. Even otherwise, such contention especially after affording three opportunities to the respondent cannot be sustained. Neutral Citation No. 2025:JHHC:34795 p. 2 5. Accordingly, Hon’ble Mr. Justice Dilip Kumar Sinha, retired Judge of High Court of Jharkhand, presently residing at D/401, Green Residency, Nalanda Colony, Budha Vihar, Tetar Toli, Bariatu, Ranchi, is hereby appointed as the Sole Arbitrator to adjudicate the dispute between the parties. 6. All contentions available to the parties are left open. 7. 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. 8. 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. 9. Accordingly, this application is allowed. 10. 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. 11. Urgent Certified Copies as per Rules. (Tarlok Singh Chauhan, C.J.) November 20th, 2025 N.A.F.R. Manoj/Pramanik/Cp.2