ARBAPPL/194/2023 of M/s. Jyoti Audio Visual Pvt. Ltd Vs Employees State Insurance Corporation (ESIC) on 29 December 2023

IN THE HIGH COURT FOR [THE STATE ][OF ][TELANGANA]AT HYDERABAD

FRIDAY. THE TWENTY NINTH DAY [OF DECEMBER]TWO THOUSTTND AND TWENTY [THREE]

PRESENT

THE HON'BLE THE [CH][IEF ][JUSTICE ][ALOK ARADHE]

ARBITRATION APPLICATION[No: ][194 ][ot ][2023]

Between:

M/s. ,lyoti Audio Visuai Pvt. Ltd,3 [& ][5 ][Diamond Complex, ][JN ][Road, ][Abids,].{yder [jbad ]Telangane- 500001. [Represented ][by itr; ][lvlanaging ][Director ][Mr.]Bilakrishna Gujarathi, aged 62 [years, R/o. ][Hyderabad.]

..,APPLICANT

AND

Ernpioyees' State lnsurance Corporation [(ESIC), lVledical ][College and ][Hospital,]Sariat6nagar, Hyderabad- 500038. [Represented by its ][Dean]

...RESPONDENT

Arb tration Applic.ation [filed ][under Section 11 ][(6) ][of ][the ][Arbitration ][and]conciliation Act, 1996 R/w Scheme [for ][Appointment ][of Arbitrator, 2000, ][praying]that this Hon'ble court may be [pleased to kindly take ][the ][necessary measures for]appoint,,nenl of an Hon ble sole [Arbitrator ][in ][terms ][of ][<;lause ][16 of ][the ][General]Terfiis ancj conditions [(Ver. ][1.19), GeM, ][to ][resolve ][the ][disputes between ][the]Applicant and the Respondent [arising ][out of ][the said agreement']

Counsel for the Petitic,ner: Mr. [SHIV ROHAN SINGI'l]

Counsel for the Respondent: [Mr. ][RAVINDER REDDY MUPPU]

The Court made the [following: ][ORDER]

THEHON'BTHE CHIEF IUSTICEKARADHEARBITRATION APPLICATION No.194 of 2023

OR.DER.

Heard Mr. Shiv Rohan Singh, lcarned counsei for the applicant and Mr. Ravinder Reddy Muppu, Iearned counsel for therespondent.respondent.

2This application under Section 11(6) of the Arbitration andConciliation Act, 1996 @riefly 'the A&C Act) has been hledseekiflg appointment of sole arbitrator to resolve the disputebetween the parties.

3. The applicant was issued work order dated 1,7.07.2022Admittedly, dispute has arisen berween the parties. Clause 16 ofthe General Terms and Conditions contains an arbitration clause,which reads as under:

ARBITRATION:

In ttre event of any quesdon, dispute or differencearising under the terms and conditions of the contractplaced through GeM, the same shall be referred totlle sole atbitration by an ofEcer nominated asArbitrator by thc Prirnary Buyer of the concernedBuyer Organization. It will be no objccuon that thc arbiuator is a Govcrnmcnt Servaflt and that he had t<_rdeal with thc matters to which the contract rclates orthat in t-he course of his duties as a Governmentservant hc has expressed views on a-il or any oF thematters in dispute or differcnce. The award of thearbitrator shall be final and brnding on the parues.tothe contract. The arbittation shall be governed as petIndian Arbitration and Concrliation Act 1996 asamended up to date. The place for atbiuation shall beat the place ftom where contract has been placed bythe Buyer or at the place of Primary Buyer as decidedby the Primary Buycr.

In the event of thc Arbitrator dying, neglecting orrefusing to act or resigning or being unable to act forany reason, ot his awatd being set aside by the courtfor o.ry reason, it shall be lawfi:l for the PrimaryBuyer to appoint another arbiuator in place of theoutgoing arbitrator in the manner aforesaid.In respect of a.ll contract placed through GeM, thedispute would not be refetred or entertained by Microand Small Enterprise Facilitanon Council, ConsumetForum or any other adiudication forum.

All disputes in connection with the Coritract, shall besubject to the exclusivc iurisdictioo of the Couttwithin the local lirnits of whose jurisdiction, the placefrom where Contract was issued is situated GcM SPV would nbt be a party to any suchdispute/matter.

In case any Seller / Service provider makes GeM aparty / respondent in any case involving any disputebetween Buyer and Seller arising out of a concludedcontfact of arising out of bidding pfocessinitiated/coocluded by the Buyer on GeM, it wouldbe obligatory on the part o[ the Buyet to rcpresentGeM also thtough their Counsel / Lawyer in theproceedings before the legal authority and ensuretimely filing of replies / affrda*tts etc ptovided byGeM a.lso through thek Counsel/Lawyer before theco ncemed legal authority during the courseoflitigation. A standard teply on behalf of GeM,covering following aspects shall be incorporated in allreplies/affidavits Eled by the Buyer in such cases:"Gouernment e-MarkeQlace is a National Public ProcurementPortal, on end-to- end onlixe Marketplace lor Cennal andS tate Goummet Minitriu / panrnents, Central dy StatePublic Sector Undertaking (CPSUS di SPSUS).Astorumots institutions and l-.ocal bodieq for proarement oJcommon use goods d2 seruices. Prina tbe diEtte in thefacie, Preierrt [care ][aPpeals ][t0 ][be ][behyun ][tbe ][Buler ][and ][Seller ][aiing]oat a contract placed / bid mated tbe Balter on Goaernment@t e-Marketplace. As per Claase 16, Clause 1 7 and Clarse 22oJ the General Terms and Conditions oJ Gouernment e-Marketplaa (dufi acaptcl b1 tbe Bu1er and Sel/er), GeM is flzt to be made a panj n ary dispute befiyeen the Bayr andthe Seller As wch Goaernment e-Marketplan i: liable to bedeletedfron the aral oJpame:.

h bgbt of tbe aboue, we reqaestloar goodself n kind! dehuCouemment e- Markery/an fron the anal of parties."

4. Learned counsel for the respondent submits that he has noobjection for appointment of a sole arbitrator.

5. Therefore, Mr. B.Gautam Prasad, retired Principal Districtand Sessions Judge, Suryapet (residcflt of Pavanapuri Coiony,Karmanghat, 8-4-3'l/1, Saroornagar, Ranga Reddy District,Hyderabad), is appointed as sole arbitrator to adiudicate the disputebetween the parties.

6. Parties shall appear along with a copy of this order before thcArbitrator on27.01..2024 at 11:00 a.m.

7. Accordingly, the Arbitration Application is disposed of. Nocosts.

8. Office to communicate a copy of this ordet to the lcarnedArbitrator.

- {-7

i'/

5

As a sequel, miscellaneous petitions, pending if any, stand To, closed sD/-K. sR+Nl[t?+[lR /

./0

,ITRUE [COPY//]

SECTION [OFFICER]

1 Mr. B. [Gautam Prasad' retired Principal Distrrt* ][and ][Sessions ][Judge']survaoet [(resident ][or"'e""u"iJpu'i ][cLtony' ][Karmanghar' ][# ][8-4-3111']saroornasar, [n'ng' ][n"Jd;";;i;i, ][ito-":fg]' ][(Bv ][special ][Messenser';]ffi;;;ih [[; ][copv"ot ]][[copv"ot ]][[affidavit ][and ]][[and ]][material ][papels']'][[r'roH' ]][r'luPPU' ][[Ad-vocate, ]][[Ad-vocate, ]][[[oPUC]]]

ffi;;;ih [[; ][copv"ot ]][[copv"ot ]][[affidavit ][and ]][[and ]], 3. one 3":' Ei' ;' [Mi ][si-..lv ][not]nr'r ][sr ][[r'roH' ]][r'luPPU' ][[Ad-vocate, ]][[[oPUC]]]

, 3. one [rlc ][to ][Mr ][RA,vlNDiri'iieooi ][Advocate [OPUC]]

4. Two CD [CoPies]

kam

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HIGH COURT

DATED: 2911212023

ORDER

DISPO$ING OFI.Rtsi i.FIATIONAPPLICATION

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