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2001 Supreme(SC) 1175

D.P.MOHAPATRA, A.R.MISRA
U. P. State Electricity Board – Appellant
Versus
Banaras Electricity Light And Power Company LTD. – Respondent


JUDGMENT

D.P. Mohapatra, J.-The controversy raised in these appeals relates to the validity of appointment of arbitrator by the Banaras Electric Light and Power Company Ltd. (for short the company ), respondent herein. The High Court of Calcutta having upheld the appointment made by the company and extended the time for submission of award, repelling the objections raised by the U.P. State Electricity Board (for short the Board ), the Board filed these appeals assailing the judgment of the High Court.

2. The short resume of the facts of the case relevant for the purpose of determination of the controversy may be stated thus : The appellant Board, in exercise of its power under Section 6(1) of the Indian Electricity Act, 1910 (for short 1910 Act ) purchased, the undertaking of the respondent company. Certain disputes having arisen regarding the mode of assessment of the purchase money to be paid by the Board to the company, the company appointed an arbitrator purportedly under Section 52 of the 1910 Act. The objection raised by the Board against such appointment was based on the amendments introduced in the 1910 Act by the Indian Electricity U.P. Amendment and Validation) Act, 197










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