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Mediation, real or virtual

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Re-examining resolution of disputes in post pandemic India.

Our civil society is hardly complete without effective and timely dispute resolution mechanisms. Prior to the coronavirus pandemic we had several traditional and non-traditional choices when it came to conflict resolution. Although this virus has brought economies across the world to a grinding halt, it seems as if most of our support systems have also failed us to some extent. While blame is being freely thrown around, and "jugaad" is being discussed, this lockdown definitely gives us some time to introspect. "How have our systems failed us?"

There are different answers if we look at different spheres; in some sectors the lockdown is possibly more to blame than our systems; let’s look at healthcare systems for instance, where the nature of the spread of this virus being unprecedented, the massive infrastructure requirements were unanticipated. No one saw this magnitude of a calamity coming. However, if we look at dispute resolution systems in India, we certainly must look a little deeper before answering this question. In a country with over 32 million pending court cases with an average wait time of 17 years from start to finish, and not even counting the huge number of ongoing arbitration cases, can we really blame the virus for justice not being dispensed today?

Courts have shut across the country for nearly three weeks, may be more, thereby burdening our courts even further into the future. While this lockdown was indeed unforeseen, can the same be said about the existing millions that are pending? Which brings us to a slightly different question, "If justice delayed is justice denied, then were our justice delivery systems working?" It is safe to say that dispute resolution scenario in India has been far from perfect, and with the existing pendency, and with the resultant near-impossibility of enforcing contracts, our position on global indices such as Ease of Doing Business, are also suspect.

This pandemic has been described as a portal into the future, depending on how we choose to respond when its all over: do we step back into the same old routine that brought us here or may we understand our weaknesses and make efforts to strengthen them? If we do adopt the second route, we will need to identify frailties from within our existing systems and processes.

Litigation is the status-quo for dispute resolution, it is currently the most popular dispute resolution mechanism in India and is fraught with problems – its costly, time consuming, being adversarial it destroys pre – existing relationships and courts cannot provide relief that is not mandated by law. While these are textbook drawbacks of most adversarial processes, they are particularly exacerbated in India, where access to justice is already a monumental challenge for all, especially for the underprivileged sections of the society.

Mediation is akin to an assisted negotiation where a trained mediator helps parties find solutions to a conflict rather than pass a verdict. Mediation is not new to India, it finds its roots from references in the Mahabharata to references in Indian legislations including the Consumer Protection Act, Code of Civil Procedure, Insolvency and Bankruptcy Code, Companies Act and Commercial Courts Act. The Supreme Court even mooted an "Indian Mediation Act" last year.

As a process, mediation helps parties identify underlying common interests they may have, to resolve their problem. It seeks to facilitate parties to arrive at a settlement best suited to their needs, and if parties are not happy with the solution they can decline and move away, – the mediator holds no power or authority over the parties. Given this unique mutuality inherent in mediation, it doesn’t come as a surprise that studies in USA show that parties are in fact more likely to follow a mediation settlement than a court decree. Examining other parameters on which we can test mediation, it is important to note that through mediation, disputes in India have been resolved in as quick as 126 minutes! Being a voluntary process and one which strikes at the core of the conflict, mediation has the potential to save relationships, time and money.

Moreover, given the flexible nature of mediation and welcome absence of rigid templates, mediation takes place regularly in the online environment through video conferencing and even through calls. India has several mediation centers both annexed to the courts and highly reputed private Mediation centers that provide these services. If we can have the possibility of resolving conflicts from the confines of our home, what better time to give it a shot than during this unprecedented lockdown which restricts any kind of movement?

The looming fears of a recession, the growing uncertainty and panic -all these are factors that lead to more and more of conflicts that will eventually burden our already distressed court rooms. We need to think beyond, we need to innovate, and we must do things differently. As more and more of legacy systems fail us and newer crises befall us, we need to push our boundaries and script novel pathways for the future. Virtual online mediation is not the only solution, but it must become our preferred choice, because it promises the parties a chance to take control of their conflict, and maintaining social distancing at the same time, and in the process also save carbon emissions! Mediation is a great leveler of rich and poor, large and small, powerful and weak. This is how man will resolve disputes and mitigate conflicts in days to come.

ABOUT THE AUTHORS:
Sumit Banerjee, Chairman, Advisory Board of ASAPP Info Global Services. He is B.Tech. (Hons.) from IIT Kharagpur, Former Vice Chairman Reliance Infra and Cement, Former CEO and MD ACC Ltd.. Presently a Member of Managing Committee of Bombay Chamber of Commerce and Industry.
Rashika Narain, a lawyer based out of Mumbai, is actively engaged in advocacy to promote mediation in India, including efforts to introduce a mediation legislation. Law graduate, WB National University of Juridical Sciences (NUJS), Kolkata. Rashika can be contacted at: Contact: +91 95389 07743 or rashika.95@gmail.com | rashikanarain@nujs.edu.

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Concrete

We engineer smarter systems to reduce waste

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Naveen Kumar Sharma, AVP – Sales and Marketing, Toshniwal Industries, talks about redefining instrumentation with customised, digitally enabled solutions engineered for harsh plant environments.

For over six decades, Toshniwal Industries has played a pioneering role in advancing process instrumentation for Indian manufacturing. In this exclusive conversation with Kanika Mathur, Naveen Kumar Sharma, AVP – Sales & Marketing, explains how the company designs kiln and grinding plant solutions tailored to the unique demands of the cement industry. As plants transition to higher AFR use and smarter automation, Toshniwal’s technologies offer greater reliability, accuracy and predictive insight.

Tell us how are your process instruments and condition monitoring system customised for cement kilns and grinding plant operations?
Toshniwal is a company with a legacy of over 65 years, and our experience has taught us that cement kilns and grinding units are fundamentally different in their operational demands. As an Indian company, we understand the unique requirements of Indian cement manufacturers. We work closely with our customers, engage deeply with their technical teams, and study operational challenges in real-time.
Based on these insights, we customise our solutions for both kiln and grinding applications. This tailoring is not just at a product level, but at a solution level—engineering design, instrumentation logic, and process optimisation. Our primary objective, for both the industry and our customers, is to reduce yield loss. Every customisation we implement is driven by this goal. We engineer smarter systems to reduce waste, improve consistency and increase plant reliability.
Ultimately, our solutions are built on an understanding that cement manufacturers require robust, practical and maintainable instruments. We design with this mindset so plants can operate more efficiently, with better control and higher profitability.

With the rising use of AFR, how do your solutions support thermal zone reliability and process time?
Our solutions are built around four core parameters: energy efficiency, yield loss reduction, product quality and environmental responsibility. These pillars drive our engineering decisions and define how our technologies support cement plants, especially as they adopt alternative fuels and raw materials (AFR).
We strongly believe in energy conservation. Every product we offer—whether for thermal monitoring, kiln control or flame optimisation—is engineered to improve energy performance. Reducing yield loss is another principle deeply embedded in our solutions, because production interruptions and material losses directly affect plant profitability and clinker quality.
We are also highly conscious of the end-product quality delivered by our customers to their markets. Consistency in burning, heat transfer, and thermal profiling directly influences clinker characteristics, and our instruments help maintain this stability.
Lastly, and most importantly, we care about the environment. We want to leave a greener world for the next generation. This mindset aligns with India’s digitalisation movement, advocated by our Prime Minister. Digital technologies are crucial for optimising AFR use, process stability, emissions and kiln efficiency. We are proud to contribute to this transition.
By optimising flame patterns, energy use, and pollution, our solutions deliver direct and indirect savings. Plants benefit from lower operational losses, reduced maintenance, and improved reliability, especially in pyroprocessing zones.

Tell us how do you address harsh environment challenges in cement plants, say dust, temperature, etc. with your sensor and monitoring?
This is a very important question because cement plants, steel plants, and power plants operate in extremely harsh environments. There are two major categories of specifications that we must respect while designing solutions: technical specifications and environmental specifications. Technical specifications relate to performance accuracy, measurement integrity, responsiveness and process safety. Environmental specifications, on the other hand, relate to high temperatures, heavy dust, humidity, vibrations and corrosive atmospheres. Our solutions are engineered to withstand both. We customise sensors, housings, mounting mechanisms and protective systems so that our instruments operate at 100 per cent functionality in harsh conditions. We ensure that the plant experiences minimal downtime from our systems. That is our engineering philosophy—solutions must work reliably in real-world environments, not just in ideal laboratory conditions.

What retrofit pathways do you offer for older cement lines to upgrade measurement and monitoring systems and how is the Indian market responding?
Every solution we provide is scalable and digitally adaptable. Technology evolves rapidly, and our offerings evolve with it. When we upgrade instruments or monitoring systems, we design them to integrate with existing plant infrastructure, so customers do not have to rebuild everything from scratch. Once our solution is installed, software upgrades or performance improvements can often be deployed without major cost. This ensures that customers continue to benefit from ongoing technological advancements. The Indian market has responded positively to this approach. Plant operators appreciate solutions that are future-ready and dynamic rather than static. Scalability helps them maintain competitiveness, extend asset life, and move toward smart manufacturing with confidence.

So how is your organisation leveraging digital technologies in your instrumentation portfolio for cement plants?
Digitalisation is at the core of every product we manufacture. We stand firmly behind the digital movement, not only because it represents efficiency, but because it is the direction in which the Indian industrial ecosystem is evolving. We deploy machine-vision technologies, advanced inline monitoring systems, and solutions capable of visualising the
inside of the furnace. These systems help reduce downtime, enable predictive asset management and provide actionable analytics to customers. All our technologies communicate seamlessly with Level 1, Level 2, and Level 3 automation. This allows integration across SCADA, DCS, ERP, and cloud ecosystems. Digitalisation for us is not an add-on—it is foundational to how our instrumentation is built.

What are your key innovation priorities to help Indian cement plant producers hit harder, higher substitution rates, lower emissions and smarter processing?
Sustainability is a national priority, and we are committed to supporting it. Our current portfolio already helps improve efficiency, reduce emissions, and support alternative fuel integration. But our innovation roadmap goes further. We are now developing specialised productivity-oriented software modules that will provide proactive alerts—not just alarms triggered after a fault has occurred. These modules will leverage artificial intelligence and machine learning to detect patterns early. The intention is to help plant teams take corrective actions ahead of time, reducing yield loss and environmental impact. Instead of informing the plant that a disruption has happened, the system will indicate that a disruption will happen, giving operators time to prevent it. We believe that within the next 12 to 18 months, we will launch these predictive solutions in combination with our instrumentation. When implemented, they will significantly improve decision-making, process stability and environmental performance across the Indian cement sector.

– Kanika Mathur

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Concrete

India donates 225t of cement for Myanmar earthquake relief

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On 23 May 2025, the Indian Navy ship UMS Myitkyina arrived at Thilawa (MITT) port carrying 225 tonnes of cement provided by the Indian government to aid post-earthquake rebuilding efforts in Myanmar. As reported by the Global Light of Myanmar, a formal handover of 4500 50kg cement bags took place that afternoon. The Yangon Region authorities managed the loading of the cement onto trucks for distribution to the earthquake-affected zones.

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Concrete

Reclamation of Used Oil for a Greener Future

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In this insightful article, KB Mathur, Founder and Director, Global Technical Services, explores how reclaiming used lubricants through advanced filtration and on-site testing can drive cost savings, enhance productivity, and support a greener industrial future. Read on to discover how oil regeneration is revolutionising sustainability in cement and core industries.

The core principle of the circular economy is to redefine the life cycle of materials and products. Unlike traditional linear models where waste from industrial production is dumped/discarded into the environment causing immense harm to the environment;the circular model seeks to keep materials literally in continuous circulation. This is achievedthrough processes cycle of reduction, regeneration, validating (testing) and reuse. Product once
validated as fit, this model ensures that products and materials are reintroduced into the production system, minimising waste. The result? Cleaner and greener manufacturing that fosters a more sustainable planet for future generations.

The current landscape of lubricants
Modern lubricants, typically derived from refined hydrocarbons, made from highly refined petroleum base stocks from crude oil. These play a critical role in maintaining the performance of machinery by reducing friction, enabling smooth operation, preventing damage and wear. However, most of these lubricants; derived from finite petroleum resources pose an environmental challenge once used and disposed of. As industries become increasingly conscious of their environmental impact, the paramount importance or focus is shifting towards reducing the carbon footprint and maximising the lifespan of lubricants; not just for environmental reasons but also to optimise operational costs.
During operations, lubricants often lose their efficacy and performance due to contamination and depletion of additives. When these oils reach their rejection limits (as they will now offer poor or bad lubrication) determined through laboratory testing, they are typically discarded contributing to environmental contamination and pollution.
But here lies an opportunity: Used lubricants can be regenerated and recharged, restoring them to their original performance level. This not only mitigates environmental pollution but also supports a circular economy by reducing waste and conserving resources.

Circular economy in lubricants
In the world of industrial machinery, lubricating oils while essential; are often misunderstood in terms of their life cycle. When oils are used in machinery, they don’t simply ‘DIE’. Instead, they become contaminated with moisture (water) and solid contaminants like dust, dirt, and wear debris. These contaminants degrade the oil’s effectiveness but do not render it completely unusable. Used lubricants can be regenerated via advanced filtration processes/systems and recharged with the use of performance enhancing additives hence restoring them. These oils are brought back to ‘As-New’ levels. This new fresher lubricating oil is formulated to carry out its specific job providing heightened lubrication and reliable performance of the assets with a view of improved machine condition. Hence, contributing to not just cost savings but leading to magnified productivity, and diminished environmental stress.

Save oil, save environment
At Global Technical Services (GTS), we specialise in the regeneration of hydraulic oils and gear oils used in plant operations. While we don’t recommend the regeneration of engine oils due to the complexity of contaminants and additives, our process ensures the continued utility of oils in other applications, offering both cost-saving and environmental benefits.

Regeneration process
Our regeneration plant employs state-of-the-art advanced contamination removal systems including fine and depth filters designed to remove dirt, wear particles, sludge, varnish, and water. Once contaminants are removed, the oil undergoes comprehensive testing to assess its physico-chemical properties and contamination levels. The test results indicate the status of the regenerated oil as compared to the fresh oil.
Depending upon the status the oil is further supplemented with high performance additives to bring it back to the desired specifications, under the guidance of an experienced lubrication technologist.
Contamination Removal ? Testing ? Additive Addition
(to be determined after testing in oil test laboratory)

The steps involved in this process are as follows:
1. Contamination removal: Using advanced filtration techniques to remove contaminants.
2. Testing: Assessing the oil’s properties to determine if it meets the required performance standards.
3. Additive addition: Based on testing results, performance-enhancing additives are added to restore the oil’s original characteristics.

On-site oil testing laboratories
The used oil from the machine passes through 5th generation fine filtration to be reclaimed as ‘New Oil’ and fit to use as per stringent industry standards.
To effectively implement circular economy principles in oil reclamation from used oil, establishing an on-site oil testing laboratory is crucial at any large plants or sites. Scientific testing methods ensure that regenerated oil meets the specifications required for optimal machine performance, making it suitable for reuse as ‘New Oil’ (within specified tolerances). Hence, it can be reused safely by reintroducing it in the machines.
The key parameters to be tested for regenerated hydraulic, gear and transmission oils (except Engine oils) include both physical and chemical characteristics of the lubricant:

  • Kinematic Viscosity
  • Flash Point
  • Total Acid Number
  • Moisture / Water Content
  • Oil Cleanliness
  • Elemental Analysis (Particulates, Additives and Contaminants)
  • Insoluble

The presence of an on-site laboratory is essential for making quick decisions; ensuring that test reports are available within 36 to 48 hours and this prevents potential mechanical issues/ failures from arising due to poor lubrication. This symbiotic and cyclic process helps not only reduce waste and conserve oil, but also contributes in achieving cost savings and playing a big role in green economy.

Conclusion
The future of industrial operations depends on sustainability, and reclaiming used lubricating oils plays a critical role in this transformation. Through 5th Generation Filtration processes, lubricants can be regenerated and restored to their original levels, contributing to both environmental preservation and economic efficiency.
What would happen if we didn’t recycle our lubricants? Let’s review the quadruple impacts as mentioned below:
1. Oil Conservation and Environmental Impact: Used lubricating oils after usage are normally burnt or sold to a vendor which can be misused leading to pollution. Regenerating oils rather than discarding prevents unnecessary waste and reduces the environmental footprint of the industry. It helps save invaluable resources, aligning with the principles of sustainability and the circular economy. All lubricating oils (except engine oils) can be regenerated and brought to the level of ‘As New Oils’.
2. Cost Reduction Impact: By extending the life of lubricants, industries can significantly cut down on operating costs associated with frequent oil changes, leading to considerable savings over time. Lubricating oils are expensive and saving of lubricants by the process of regeneration will overall be a game changer and highly economical to the core industries.
3. Timely Decisions Impact: Having an oil testing laboratory at site is of prime importance for getting test reports within 36 to 48 hours enabling quick decisions in critical matters that may
lead to complete shutdown of the invaluable asset/equipment.
4. Green Economy Impact: Oil Regeneration is a fundamental part of the green economy. Supporting industries in their efforts to reduce waste, conserve resources, and minimise pollution is ‘The Need of Our Times’.

About the author:
KB Mathur, Founder & Director, Global Technical Services, is a seasoned mechanical engineer with 56 years of experience in India’s oil industry and industrial reliability. He pioneered ‘Total Lubrication Management’ and has been serving the mining and cement sectors since 1999.

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