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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

FRIDAY THE THIRD DAY OF MAY TWO THOUSAND AND TWENTY FOUR

PRESENT

THE HONOURABLE THE CHIEF JUSTICE ALOK ARADHE

REVIEW I.A.No. 4 OF 2023 IN. ARBITRATION APPLICATION NO: 106 OF 2021

Between:

M/s. Jwalya Winds Private Limited, H. No. 63/493, Motilal Nagar-III, MG Road. Goregaon West, Mumbai-400 090

...Petitioner/Respondent No.2

AND

1. M/s Bhavya Cements Private Limited, Previously known as M/s Bhavya Cements Limited, A company incorporated under the Companies Act, 1956, Having its registered office at Tangeda Village, Dachepally Mandal, Guntur District-522414

... Respondent No.1/Applicant

2. M/s. Ecoren Energy India Private Limited, A company incorporated under the provisions of Companies Act 1956, Having its office at Plot No. 1202, 2^nd Floor, Road No. 36, Jubilee Hills, Hyderabad-500 033

...Respondent No.2/Respondent No.1

Review Petition filed under Order 47 Rule 1 r/w. Section 114 of CPC praying that in the circumstances stated in the grounds, the High Court may be pleased to review the order dated 03/03/2023 passed in Arb Appl No.106/2021 on the file of this Hon'ble Court.

This Review Petition coming on for hearing and upon perusing the memorandum of grounds of the review I.A., and upon hearing the arguments of Mr. Shreyas Reddy, Counsel for Petitioner/Respondent No.2 and Mr. S. Koustubh, Counsel representing Mr. S. Vivek Chandra Sekhar, Counsel for Respondent No.2/Respondent No.1 and of Mr. M.V. Pratap Kumar, counsel for Respondent No.1/applicant.

The Court made the following: ORDER

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

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

Mr. M.V.Pratap Kumar, leamed counsel for respondent No.1/applicant. Heard on Review l.A.No.4 of 2023.

This review petition has been filed seeking review of the order dated O3.O3.2O23 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 sote Arbitrator was appointed, who has concluded the proceeding and the mafter 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. lt is further jointly submitted that the review petition be disposed of with the direction to the Arbitral rribunal to proceed from the stage at which the proceedings are currently posted before the Arbitral Tribunal.

ln view of aforesaid @nsensus anived 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.8-4-31l.1, Saroomagar, 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.g, New Nagole Colony, Lane besides Union Bank of lndia, 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.8-7-55lB/2, Road No.3, Shirdi Sai Nagar, Hasthinapuram Central, Sagar Road, Karmanghat (v), Saroornagar (M), Hyderabad Mobile No.8978385151) is appointed as the Presiding Arbitrator.

ln view of consensus anived at between the parties, the Arbitral rribunal shall proceed from the stage at which the proceedings are cunently posted before the Sole Arbitrator.

To the aforesaid extent, the order dated 03.03.2023 passed in Arbitration Application No.106 of 2021 is modified.

Accordingly, Review I.A.No.4 of 2023 is allowed.

Sd/- M. VIJAYA BHASKER JOINT REGISTRAR

I/TRUE COPY//

To,

SECTION OFFICER

• 1. Mr. Justice B.Chandra Kumar, former Judge of Telangana High Court, resident of Plot No.2, H.No.8-7-55/B/2, Road No.3, Shirdi Sai Nagar, Hasthinapuram Central, Sagar Road, Karmanghat (v), Saroornagar (M), Hyderabad, Mobile No.8978385151
• 2. 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. (along with a copy of affidavit and material papers and a copy of order in A.A.No. 106 of 2021 dated 03.03.2023) (By Special Messenger)
• 3. Mr. B. Gautam Prasad, former Principal District and Sessions Judge, Suryapet, resident of Pavanpuri Colony, Karmanghat, H.No.8-4-31/1, Saroomagar, Ranga Reddy District, Hyderabad. (along with a copy of affidavit and material papers and a copy of order in A.A.No. 106 of 2021 dated 03.03.2023) (By Special Messenger)
• 4. One CC to Sri M.V. Pratap Kumar, Advocate [OPUC]
• 5. One CC to Sri S. Vivek Chandra Sekhar, Advocate [OPUC]
• 6. One CC to Sri Shreyas Reddy, Advocate [OPUC]
• 7. Two CD Copies

Njb

HIGH COURT

DATED:03/05/2024

ORDER

REVIEW I.A.No. 4 of 2023 In ARBAPPL.No.106 of 2021

ALLOWING THE I.A

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