UTTAM ENERGY LTD. Vs. SHIVRATNA UDYOG LTD.

JUDGEMENT

(1.) This is a petition filed under Sec. 11 of the Arbitration and Conciliation Act, 1996 (for short "ACA") whereby the petitioner has prayed for appointment of an arbitral tribunal to adjudicate the disputes and differences between the parties, which have arisen under two Agreements entered by the petitioner with the respondent both dtd. 30/6/2012 for Design, Procure, Manufacture, Supply and Supervision of Erection and Commissioning of one no. 75 TPH MCR Capacity, 72.5 kg/ cm2 (g) pressure, 515C 5C steam temperature Multi fuel fired Boiler with accessories for 12.5 MW - Generation Project being set up at Alegaon, Tal. Madha, Dist. Solapur, Maharashtra. There is no dispute in regard to the arbitration agreement as contained in both the agreements, which is contained in Clauses 15 and 14 of the respective agreements.

(2.) As disputes and differences had arisen between the parties, the petitioner by its advocate's notice dtd. 3/12/2020 invoked the arbitration agreement and called upon the respondent to appoint a sole arbitrator to adjudicate the disputes which have arisen between the parties. The name of the nominee arbitrator was also suggested in paragraph 5 of such notice. As set out in paragraph 4, of such notice the petitioner invoked arbitration in respect of both the agreements. The petitioner's claim against the respondent is of an amount Rs.1,33,37,723.00. As the notice invoking arbitration was not replied, the present petition was required to be filed by the petitioner.

(3.) This petition was initially filed on the Original Side of this Court, as a Commercial Arbitration Petition, on the assumption that the dispute between the parties being a commercial dispute the same was required to be filed on the original side of this Court although no cause of action to invoke such jurisdiction had arisen within Mumbai. Such petition was permitted to be transferred to the Appellate Side by an order dtd. 7/3/2022 passed by this Court. It is accordingly listed before the Court on the appellate side.