Bhavya Cements Private Limited vs. Ecoren Energy India Private Limited And Another

HIGH COURT FOR THE STATE OF TELANGANA

Main Case No: Arbitration Application No.106 of 2021

PROCEEDING SHEET

Review I.A.No.4 of 2023

Mr. Shreyas Reddy, learned counsel for the petitioner/respondent No.2.

Mr. S.Koustubh, learned counsel representing Mr. S.Vivek Chandra Sekhar, learned counsel for respondent No.2/respondent No.1.

Mr. M.V.Pratap Kumar, learned counsel for respondent No.1/applicant.

Heard on Review I.A.No.4 of 2023.

This review petition has been filed seeking review of the order dated 03.03.2023 passed by a Bench of this Court in Arbitration Application No.106 of 2021 on the ground that Clause 21 of the Power Purchase Agreement dated 14.12.2017 contemplates appointment of an Arbitral Tribunal consisting of two Arbitrators and a Presiding Arbitrator.

Learned counsel for the parties jointly submit that in pursuance of the order dated 03.03.2023 passed in Arbitration Application No.106 of 2021, a Sole Arbitrator was appointed, who has concluded the proceeding and the matter is fixed for final arguments. However, it is jointly submitted by learned counsel for the parties that two Former District

Judges be appointed as Arbitrators and Mr. Justice B.Chandra Kumar, former Judge of this Court, who was appointed as a Sole Arbitrator be appointed the Presiding Arbitrator. It is further jointly submitted that the review petition be disposed of with the direction to the Arbitral Tribunal to proceed from the stage at which the proceedings are currently posted before the Arbitral Tribunal.

In view of aforesaid consensus arrived at between the parties, it is directed that Mr. B.Gautam Prasad, former Principal District and Sessions Judge, Suryapet (resident of Pavanpuri Colony, Karmanghat, H.No.8-4-31/1, Saroornagar, Ranga Reddy District, Hyderabad) and Mr. C.Hare Krishna Bhupathi, former Principal District and Sessions Judge at L.B.Nagar, Ranga Reddy District (resident of Flat No.203, Laxmi Residency, Road No.9, New Nagole Colony, Lane besides Union Bank of India, Nagole Branch, Ranga Reddy District), are appointed as Arbitrators. Mr. Justice B.Chandra Kumar, former Judge of this Court (resident of Plot No.2, H.No.8-7-55/B/2, Road No.3, Shirdi Sai