M/S METSO INDIA PVT LTD THROUGH ITS AUTHORIZED REPRESENTATIVE YOGESH BAVISKAR v. M/S HEAVY ENGINEERING CORPORATION LIMITED THROUGH ITS CHAIRMAN /MANAGING DIRECTOR
C.M.P./255/2023 · 2025-02-28
body2025
DailyLaw.ai
[ 2025 DAILYLAW 8016 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 8016 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
C.M.P. No. 255 of 2023 M/s Metso India Pvt. Ltd. through its authorized representative Yogesh Baviskar, aged about 36 years, son Sri Gorakh Baviskar, having its registered office at C-227, ground Floor, Westend Marg, Near Garden of Five Sense, Paryavaran Complex, New Delhi 110030 R/o P.O. and P.S. Dwarka Dist New Delhi ... ... Petitioner
Versus M/s Heavy Engineering Corporation Limited, through its Chairman/Managing Director, HMBP Admn. Building Ranchi, PO Dhurwa, PS Dhurwa, Dist Ranchi PIN 834004
… … ... Respondent
--------- CORAM:
HON’BLE THE CHIEF JUSTICE
--------- For the Petitioner : Mr. Vijay Shankar Jha, Advocate For the Respondents: Mr. Piyush Chitresh, Advocate
--------- 23/Dated: 28.02.2025
1. Heard both sides.
2. This application has been filed seeking substitution of the arbitrator previously appointed by this Court and who has since recused vide letter dt. 03.09.2022.
3. Having regard to the facts and circumstances of the case, Justice Shri Subhash Chand, Former Judge of this Court is appointed as the Arbitrator to adjudicate the dispute between the parties arising out of the agreement dt. 30.09.2008. Learned Arbitrator would be free to lay down the 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. Learned Arbitrator 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.
4. The Registry is directed to intimate the Arbitrator so appointed to take up the arbitration proceeding and provide photocopy of the
-2- entire pleadings along with copy of the entire order sheet to the learned Arbitrator.
5. This C.M.P. is allowed. No costs.
6. Pending Interlocutory Applications, if any, stand disposed of.
7. Urgent Certified copies as per Rules.
(M.S. Ramachandra Rao, C.J.)
Sharda/MM/ Cp./02