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M/s. Bharat Heavy Electricals Ltd., Power Sector Southern Region, Chennai v/s M/s. ANCL & CO India Pvt Ltd., New Delhi


Company & Directors' Information:- U. P. POWER CORPORATION LIMITED [Active] CIN = U32201UP1999SGC024928

Company & Directors' Information:- D B POWER LIMITED [Active] CIN = U40109MP2006PLC019008

Company & Directors' Information:- BHARAT HEAVY ELECTRICALS LIMITED [Active] CIN = L74899DL1964GOI004281

Company & Directors' Information:- INDIA POWER CORPORATION LIMITED [Active] CIN = L40105WB1919PLC003263

Company & Directors' Information:- INDIA POWER CORPORATION LIMITED [Amalgamated] CIN = U40101WB2003PLC097340

Company & Directors' Information:- DELHI POWER COMPANY LIMITED [Active] CIN = U40103DL2001SGC111528

Company & Directors' Information:- B L A POWER PRIVATE LIMITED [Active] CIN = U40102MH2006PTC165430

Company & Directors' Information:- L V S POWER PRIVATE LIMITED [Active] CIN = U40100TG1996PTC023552

Company & Directors' Information:- S L S POWER CORPORATION LIMITED [Active] CIN = U40109AP2005PLC047008

Company & Directors' Information:- TO THE NEW PRIVATE LIMITED [Active] CIN = U72900DL2006PTC235208

Company & Directors' Information:- S L V POWER PRIVATE LIMITED [Active] CIN = U40102KA2002PTC030448

Company & Directors' Information:- S. E. POWER LIMITED [Active] CIN = L40106GJ2010PLC091880

Company & Directors' Information:- E O S POWER INDIA PRIVATE LIMITED [Active] CIN = U32109MH1985PTC037094

Company & Directors' Information:- D C POWER LIMITED [Strike Off] CIN = U40109TG1996PLC025996

Company & Directors' Information:- NEW INDIA ELECTRICALS LIMITED [Active] CIN = U85110KA1994PLC015512

Company & Directors' Information:- U P ELECTRICALS LIMITED [Active] CIN = L31200DL1971PLC005666

Company & Directors' Information:- S T ELECTRICALS PRIVATE LIMITED [Active] CIN = U31909PN1998PTC012975

Company & Directors' Information:- POWER CORPORATION OF INDIA LIMITED [Amalgamated] CIN = U50101WB1997PLC084060

Company & Directors' Information:- B V POWER PRIVATE LIMITED [Active] CIN = U40106DL2011PTC213428

Company & Directors' Information:- R AND H POWER COMPANY PRIVATE LIMITED [Active] CIN = U51109UP1965PTC003067

Company & Directors' Information:- B R POWER LTD [Active] CIN = U40106WB1995PLC073567

Company & Directors' Information:- N M S POWER PRIVATE LIMITED [Active] CIN = U51109WB1999PTC089747

Company & Directors' Information:- BHARAT POWER CORPORATION PRIVATE LIMITED [Active] CIN = U74899DL1984PTC019033

Company & Directors' Information:- P R B POWER PRIVATE LIMITED [Strike Off] CIN = U40101TG1995PTC020647

Company & Directors' Information:- B L ELECTRICALS LIMITED [Active] CIN = U29308CH1989PLC009113

Company & Directors' Information:- S V G POWER PRIVATE LIMITED [Active] CIN = U40300AP2012PTC084435

Company & Directors' Information:- V N P ELECTRICALS PRIVATE LIMITED [Active] CIN = U31100MH2004PTC144339

Company & Directors' Information:- M E ELECTRICALS PRIVATE LIMITED [Active] CIN = U74900KA2011PTC061380

Company & Directors' Information:- V S ELECTRICALS PRIVATE LIMITED [Active] CIN = U40104WB1995PTC075508

Company & Directors' Information:- P S ELECTRICALS PRIVATE LIMITED [Active] CIN = U27209TN1982PTC009485

Company & Directors' Information:- INDIA POWER PRIVATE LIMITED [Active] CIN = U31900DL1995PTC070096

Company & Directors' Information:- M POWER INDIA PRIVATE LIMITED [Active] CIN = U31908MH2012PTC234343

Company & Directors' Information:- K A ELECTRICALS PRIVATE LIMITED [Active] CIN = U31103DL2011PTC224196

Company & Directors' Information:- P. R. ELECTRICALS PRIVATE LIMITED [Strike Off] CIN = U29268MH2009PTC190099

Company & Directors' Information:- R J M S ELECTRICALS PRIVATE LIMITED [Active] CIN = U31401KA2011PTC059008

Company & Directors' Information:- B R I ELECTRICALS PVT LTD [Active] CIN = U45201GJ1995PTC025017

Company & Directors' Information:- K P ELECTRICALS PRIVATE LIMITED [Active] CIN = U99999MH1959PTC011501

Company & Directors' Information:- ELECTRICALS INDIA PVT LTD [Active] CIN = U74210MH1977PTC004605

Company & Directors' Information:- M S K ELECTRICALS PVT LTD [Active] CIN = U31200WB1984PTC038215

Company & Directors' Information:- A N S INDIA POWER PRIVATE LIMITED [Active] CIN = U51101DL2014PTC266873

Company & Directors' Information:- N C S ELECTRICALS INDIA LTD [Strike Off] CIN = U31300DL1982PLC013233

Company & Directors' Information:- B K ELECTRICALS PRIVATE LIMITED [Active] CIN = U31909DL2005PTC134388

Company & Directors' Information:- D P S SOUTHERN PVT LTD [Strike Off] CIN = U72200KL1983PTC003788

Company & Directors' Information:- E INDIA ELECTRICALS PRIVATE LIMITED [Active] CIN = U74999DL2015PTC276416

Company & Directors' Information:- M M K POWER PRIVATE LIMITED [Strike Off] CIN = U40106AP1998PTC030796

Company & Directors' Information:- M J ELECTRICALS PRIVATE LIMITED [Strike Off] CIN = U99999MH1984PTC032408

Company & Directors' Information:- B C ELECTRICALS PVT LTD [Active] CIN = U31200WB1988PTC044210

Company & Directors' Information:- BHARAT A TO Z PRIVATE LIMITED [Active] CIN = U15490MH2021PTC365393

Company & Directors' Information:- V V ELECTRICALS PRIVATE LIMITED [Active] CIN = U31400TG2015PTC098219

Company & Directors' Information:- D P H ELECTRICALS PRIVATE LIMITED [Active] CIN = U31909DL2009PTC186700

Company & Directors' Information:- C R E M POWER PRIVATE LIMITED [Strike Off] CIN = U40101DL2001PTC111631

Company & Directors' Information:- D T POWER PRIVATE LIMITED [Strike Off] CIN = U40300AP2015PTC097226

Company & Directors' Information:- K & G ELECTRICALS PRIVATE LIMITED [Active] CIN = U31908DL2008PTC176859

Company & Directors' Information:- O L G POWER P LTD [Active] CIN = U30007TN1991PTC020898

Company & Directors' Information:- G S R ELECTRICALS PRIVATE LIMITED [Strike Off] CIN = U31908KA2011PTC058093

Company & Directors' Information:- NEW POWER ELECTRICALS PRIVATE LIMITED [Active] CIN = U31909MH1996PTC104397

Company & Directors' Information:- G S POWER LIMITED [Strike Off] CIN = U40102KA2010PLC054033

Company & Directors' Information:- J K ELECTRICALS PRIVATE LIMITED [Active] CIN = U31501DL2011PTC218538

Company & Directors' Information:- POWER AND POWER PVT LTD [Active] CIN = U31300AS1989PTC003282

Company & Directors' Information:- F T S ELECTRICALS PRIVATE LIMITED [Strike Off] CIN = U29191WB1997PTC086018

Company & Directors' Information:- P D M POWER PRIVATE LIMITED [Active] CIN = U40104AS2014PTC011780

Company & Directors' Information:- S B S POWER PRIVATE LIMITED [Strike Off] CIN = U40100AP2012PTC083965

Company & Directors' Information:- B S P HEAVY ELECTRICALS PRIVATE LIMITED [Strike Off] CIN = U31100KA1995PTC018488

Company & Directors' Information:- S AND C ELECTRICALS INDIA PRIVATE LIMITED [Strike Off] CIN = U31200TN2008PTC066922

Company & Directors' Information:- J. B. ELECTRICALS PRIVATE LIMITED [Active] CIN = U51900MH2006PTC159750

Company & Directors' Information:- B & G POWER LIMITED [Active] CIN = U40105PB2010PLC033765

Company & Directors' Information:- M. L ELECTRICALS PRIVATE LIMITED [Active] CIN = U31401MH2008PTC184853

Company & Directors' Information:- D. K. ELECTRICALS PRIVATE LIMITED [Active] CIN = U51101MH2011PTC221573

Company & Directors' Information:- R J ELECTRICALS PRIVATE LIMITED [Active] CIN = U40300DL2007PTC161839

Company & Directors' Information:- K R ELECTRICALS PVT LTD [Active] CIN = U45309KL1975PTC002663

Company & Directors' Information:- J P ELECTRICALS INDIA PRIVATE LIMITED [Strike Off] CIN = U74899DL1987PTC029523

Company & Directors' Information:- G V ELECTRICALS PVT LTD [Active] CIN = U28920MH1985PTC035529

Company & Directors' Information:- A T ELECTRICALS PRIVATE LIMITED [Strike Off] CIN = U74899DL1995PTC073323

Company & Directors' Information:- S POWER PRIVATE LIMITED [Active] CIN = U19202DL1986PTC026505

Company & Directors' Information:- L R ELECTRICALS PRIVATE LIMITED [Active] CIN = U74899DL1985PTC021712

Company & Directors' Information:- G M POWER PRIVATE LIMITED [Strike Off] CIN = U40105PN2003PTC017857

Company & Directors' Information:- POWER INDIA PVT LTD [Strike Off] CIN = U31102WB1983PTC036315

Company & Directors' Information:- S AND S POWER PRIVATE LIMITED [Active] CIN = U40109PY2004PTC001824

Company & Directors' Information:- U S POWER PRIVATE LIMITED [Under Process of Striking Off] CIN = U40103MH2009PTC189364

Company & Directors' Information:- A. D. ELECTRICALS PRIVATE LIMITED [Strike Off] CIN = U74999WB2010PTC154952

Company & Directors' Information:- J AND J ELECTRICALS PRIVATE LIMITED [Strike Off] CIN = U31100DL1988PTC034110

Company & Directors' Information:- K P M POWER PRIVATE LIMITED [Strike Off] CIN = U40102KA2008PTC046804

Company & Directors' Information:- B N B ELECTRICALS PVT. LTD. [Strike Off] CIN = U51395RJ1983PTC002651

Company & Directors' Information:- S. K. ELECTRICALS PRIVATE LIMITED [Strike Off] CIN = U29308UP1995PTC018037

Company & Directors' Information:- POWER-X PRIVATE LIMITED [Strike Off] CIN = U99999DL1970PTC005331

Company & Directors' Information:- S K POWER INDIA PRIVATE LIMITED [Strike Off] CIN = U31101KA2006PTC039172

Company & Directors' Information:- A C E ELECTRICALS PVT LTD [Strike Off] CIN = U32201GJ1987PTC009880

Company & Directors' Information:- I AND I ELECTRICALS PRIVATE LIMITED [Active] CIN = U51395RJ1988PTC004250

Company & Directors' Information:- R G D POWER PRIVATE LIMITED [Strike Off] CIN = U41000TG1996PTC023809

Company & Directors' Information:- B B ELECTRICALS PRIVATE LIMITED [Active] CIN = U31200MH1978PTC020462

Company & Directors' Information:- R. S. S. ELECTRICALS PRIVATE LIMITED [Under Process of Striking Off] CIN = U51909UP2014PTC064814

Company & Directors' Information:- G D ELECTRICALS PRIVATE LIMITED [Active] CIN = U51505DL2003PTC120403

Company & Directors' Information:- R R ELECTRICALS PVT LTD [Active] CIN = U31909GJ1980PTC003764

Company & Directors' Information:- B L AND CO NEW DELHI PRIVATE LIMITED [Active] CIN = U74899DL1968PTC004910

Company & Directors' Information:- A 2 Z ELECTRICALS PRIVATE LIMITED [Strike Off] CIN = U31401WB2012PTC186695

Company & Directors' Information:- M M R POWER PRIVATE LIMITED [Active] CIN = U31104DL2008PTC174079

Company & Directors' Information:- S J POWER PRIVATE LIMITED [Strike Off] CIN = U45207HR2012PTC045937

Company & Directors' Information:- M K ELECTRICALS PRIVATE LIMITED [Strike Off] CIN = U31101UP1988PTC009605

Company & Directors' Information:- SOUTHERN ELECTRICALS PVT LTD [Strike Off] CIN = U93090TN1964PTC005188

Company & Directors' Information:- T C POWER PRIVATE LIMITED [Strike Off] CIN = U40101PB2009PTC033405

Company & Directors' Information:- D J ELECTRICALS PRIVATE LIMITED [Active] CIN = U32106MH2006PTC159195

Company & Directors' Information:- H. & T. POWER PRIVATE LIMITED [Active] CIN = U40106MH2016PTC287646

Company & Directors' Information:- S & O POWER PRIVATE LIMITED [Active] CIN = U40107MH2010PTC206447

Company & Directors' Information:- V D M-POWER PRIVATE LIMITED [Active] CIN = U74999MH2015PTC262999

Company & Directors' Information:- G R ELECTRICALS PRIVATE LIMITED [Active] CIN = U74120MH2011PTC216648

Company & Directors' Information:- D N ELECTRICALS PRIVATE LIMITED [Active] CIN = U74120MH2011PTC225500

Company & Directors' Information:- T I R ELECTRICALS PRIVATE LIMITED [Strike Off] CIN = U40300UP2013PTC055734

Company & Directors' Information:- A C R POWER PRIVATE LIMITED [Strike Off] CIN = U74900UP2010PTC040987

Company & Directors' Information:- W N POWER PRIVATE LIMITED [Strike Off] CIN = U40101JK2013PTC004009

Company & Directors' Information:- J P S ELECTRICALS PRIVATE LIMITED [Strike Off] CIN = U31300DL1998PTC096590

Company & Directors' Information:- M F ELECTRICALS PRIVATE LIMITED [Active] CIN = U74899DL1994PTC062541

Company & Directors' Information:- G P G ELECTRICALS PRIVATE LIMITED [Strike Off] CIN = U52100DL2010PTC198115

Company & Directors' Information:- C K S POWER PRIVATE LIMITED [Strike Off] CIN = U40101KA2010PTC052199

Company & Directors' Information:- G C I POWER PRIVATE LIMITED [Active] CIN = U40107KA2010PTC053656

Company & Directors' Information:- A. G. P. ELECTRICALS PRIVATE LIMITED [Strike Off] CIN = U31103GJ2011PTC064199

Company & Directors' Information:- R. C. POWER PRIVATE LIMITED [Strike Off] CIN = U40100GJ2009PTC058005

Company & Directors' Information:- J R J POWER PRIVATE LIMITED [Active] CIN = U40300GJ2015PTC082396

Company & Directors' Information:- M-D REGION INDIA PRIVATE LIMITED [Active] CIN = U74999UP2019PTC115616

Company & Directors' Information:- U A ELECTRICALS PRIVATE LIMITED [Strike Off] CIN = U32109DL1992PTC050703

Company & Directors' Information:- D V N POWER PRIVATE LIMITED [Strike Off] CIN = U40101TG2007PTC053069

Company & Directors' Information:- A. R. POWER PRIVATE LIMITED [Strike Off] CIN = U74999DL2007PTC161616

Company & Directors' Information:- D V J ELECTRICALS PVT LTD [Strike Off] CIN = U31103WB1988PTC043721

Company & Directors' Information:- BHARAT CORPORATION PVT LTD [Strike Off] CIN = U74999CH1946PTC001103

Company & Directors' Information:- D L F ELECTRICALS PVT LTD [Strike Off] CIN = U27101DL1984PTC018955

    CMA No. 2447 of 2021 & CMP No. 13954 of 2021

    Decided On, 27 August 2021

    At, High Court of Judicature at Madras

    By, THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE

    For the Appellant: John Zachriah, Advocate. For the Respondent: --------



Judgment Text

(Prayer: Civil Miscellaneous Appeal filed under Section 37 of the Arbitration and Conciliation Act, 1996 against the Procedural Order dated 26.07.2021 passed by the Arbitral Tribunal.)(Heard through Video Conference)1. This Civil Miscellaneous Appeal has been filed as against the procedural order passed by the Arbitral Tribunal on 26.07.2021, wherein, the appellant, who is the respondent in the Arbitration was directed to pay costs of Rs.50,000/-(Rupees fifty thousand only) to the claimant on or before 18.08.2021 and failure to pay the cost before the said date, the Tribunal held that the statement of defence in Khandwa arbitration matter shall not be received.2. Section 37 of the Arbitration and Conciliation Act, 1996 deals with appealable orders and it reads as follows:“37. Appealable Orders:-(1) An appeal shall lie from the following orders (and from no others) to the Court authorised by law to hear appeals from original decrees of the Court passing the order, namely:-(a) refusing to refer the parties to arbitration under Section 8;(b) granting or refusing to grant any measure under section 9;(c) setting aside or refusing to set aside an arbitral award under section 34.(2) An appeal shall also lie to a Court from an order of the arbitral tribunal-(a) accepting the plea referred to in sub-section (2) or sub-section (3) of section 16; or(b) granting or refusing to grant an interim measure under section 17.(3) No second appeal shall lie from an order passed in appeal under this section, but nothing in this section shall affect or take away any right to the appeal to the Supreme Court.3. Learned counsel for the appellant admits that the subject-appeal will not fall under Section 37 of the Arbitration and Conciliation Act, 1996. However, he would submit that the appellant should not be left without remedy as it is their substantive right to file appeal, aggrieved by any order passed by the Arbitral Tribunal.4. The Arbitration and Conciliation Act, 1996 is a special enactment and it prescribes minimum intervention by Courts over arbitral proceedings. Section 5 of the Act also makes it clear that no judicial authority shall intervene unless and until specific statutory provision for such interference is available under the Act. Section 5 of the Arbitration and Conciliation Act, 1996 reads as follows:-“Extent of judicial intervention:-Notwithstanding anything contained in any other law for the time being in force, in matters governed by this Part, no judicial authority shall intervene except where so provided in this Part.”5. For the foregoing reasons, this Court does not find any merit in this appeal. However, the appellant should not be left remediless. Under Section 17 of the Arbitration and Conciliation Act, 1996, any party to the dispute can seek protection by filing an application before the Arbitral Tribunal. Section 17 of the Act reads as follows:“Interim measures ordered by arbitral tribunal:-(1) A party may, during the arbitral proceedings or at any time after the making of the arbitral award but before it is enforced in accordance with Section 36, apply to the arbitral tribunal-(i) for the appointment of a guardian for a minor or person of unsound mind for the purposes of arbitral proceedings; or(ii) for an interim measure of protection in respect of any of the following matters, namely:-(a) the preservation, interim custody or sale of any goods which are the subject-matter of the arbitration agreement;(b) securing the amount in dispute in the arbitration;(c) the detention, preservation or inspection of any property or thing which is the subject-matter of the dispute in arbitration, or as to which any question may arise therein and authorising for any of the aforesaid purposes any person to enter upon any land or building in the possession of any party, or authorising any samples to be taken, or any observation to be made, or experiment to be tried, which may be necessary or expedient for the purpose of obtaining full information or evidence;(d) interim injunction or the appointment of a receiver;(e) such other interim measure of protection as may appear to the arbitral tribunal to be just and convenient,and the arbitral tribunal shall have the same power for making orders, as the Court has for the purpose of, and in relation to, any proceedings before it.(2) Subject to any orders passed in an appeal under section 37, any order issued by the arbitral tribunal under this section shall be deemed to be an order of the Court for all purposes and shall be enforceable under the Code of Civil Procedure, 1908 (5 of 1908) in the same manner as if it were an order of the Court.”6. Section 17(e) of the Act gives wide powers for granting interim measure of protection as may appeal to the arbitral tribunal to be just and convenient.7. In the instant case, instead of filing an application under Section 17 of the Arbitration and Conciliation Act, 1996, seeking relief that is sought for in this appeal, the appellant has chosen a wrong forum by filing an appeal as against the impugned procedural order before this Court. This Court does not find any merit in this appeal, as it is not maintainable under the provisions of the Arbitration and Conciliation Act, 1996.8. However, the appellant should not be left without any remedy, if aggrieved by the impugned procedural order. Therefore, liberty is granted to the appellant to ap

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proach the Arbitral Tribunal, by filing an application under Section 17 of the Arbitration and Conciliation Act, 1996, seeking waiver of the payment of costs of Rs.50,000/-(Rupees fifty thousand only) under the impugned procedural order and for reception of the statement of Defence without the payment of the said costs. The learned Arbitrator shall pass orders on merits and in accordance with law as and when such an application is filed by the appellant.9. With the above direction, the civil miscellaneous appeal is disposed of. No costs. Consequently, connected miscellaneous petition is closed.
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