B. R. GAVAI, B. V. NAGARATHNA
Meenakshi Solar Power Pvt. Ltd. – Appellant
Versus
Abhyudaya Green Economic Zones Pvt. Ltd. – Respondent
JUDGMENT :
NAGARATHNA, J.
Leave granted.
2. This Civil Appeal has been filed by assailing the impugned judgment and order dated 12.02.2021 passed by the High Court of Judicature for the State of Telangana at Hyderabad in Arbitration Application No. 55 of 2020 whereby the High Court dismissed the application filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘Act of 1996’, for the sake of convenience) filed by the appellant herein.
3. The appellant herein M/s. Meenakshi Solar Power Pvt. Ltd. is engaged in the business of producing power through running and operating thermal/solar/hydro power plants. The respondent No.1 – M/s. Abhyudaya Green Economic Zones Pvt. Ltd. is the owner of 4.128 MW Solar PV Power Project located in 20 acres at Kummera Village, Chevella Mandal, Ranga Reddy District, Telangana. Respondent Nos. 2 and 3 are promoters and 100% shareholders of respondent No.1 Company. Respondent No. 4-M/s. Meenakshi Power Pvt. Ltd. is an affiliate of the appellant herein and is a proforma respondent in the present case while the other three respondents are the contesting respondents.
4. Succinctly stated, the facts of the case are that
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