P.B.BAJANTHRI
Hassan Thermal Power Pvt. Ltd. , thru Its Director – Appellant
Versus
State Of Karnataka Thru Additional Chief Secretary – Respondent
ORDER :
In the instant petition, petitioner has sought for the following reliefs:
(b) Allow the petitioner to proceed with the Arbitration proceedings initiated under the consent award dated: 05.08.2004 before the Arbitral Tribunal appointed by permanent Court of Arbitration under UNCITRAL Rules; and which is at Annexure-B (UNCITRAL Rules) and Annexure-C is (Consent award)
(c) Declare the communications dated: 29.06.2018, 11.09.2018 and 26.09.2018 of the permanent Court of Arbitration as a legal and valid and which is at part of Annexure-E.
(d) Declare that the KERC acted beyond its jurisdiction by entering upon adjudication under Section 86 (1) (f) of the Electricity Act, 2003 in taking up and deciding the petition filed by the Respondents and also in issuing interim injunctions in total contravention of Section 94 of the Electricity Act, and
(e) Pass such other and further orders as may be deemed just and proper in the interest of justice.
2. Brief facts of the case is that Govern
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CHANDRA SINGH AND OTHERS vs STATE OF RAJASTHAN & ANOTHER reported in 2003 (6) SCC 545
CIT v. J.H. Gotla [(1985) 4 SCC 343 : 1985 SCC (Tax) 670]
Chandra Kishore Jha v. Mahavir Prasad [(1999) 8 SCC 266 : AIR 1999 SC 3558]
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Dr.INDRAMANI PYARELAL GUPTA AND OTHERS Vs W.R.NATU AND OTHERS reported in AIR 1963 SC 274
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DWARKA PRASAD AGARWAL (D) BY LRS V. B.D. AGARWAL AND OTHERS reported in (2003) 6 SCC 230
Dhodha House v. S.K. Maingi [(2006) 9 SCC 41]
ENERCON (INDIA) LIMITED AND OTHERS VS. ENERCON GMBH AND ANOTHER reported in (2014) 5 SCC 1
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Harbanslal Sahnia v. Indian Oil Corpn. Ltd. [(2003) 2 SCC 107]
HARBANSLALSAHNIA AND ANOTHER Vs INDIAN OIL CORPORATION LIMITED reported in AIR 2003 SC 2120
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Keshavlal Jethalal Shah v. Mohanlal Bhagwandas
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Kolhapur Canesugar Works Ltd. v. Union of India [(2000) 2 SCC 536
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M.S. Shivananda v. Karnataka SRTC [(1980) 1 SCC 149 : 1980 SCC (L&S) 131
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Pushpa Devi v. Milkhi Ram [(1990) 2 SCC 134
PRINTERS (MYSORE) LIMITED & ANR. Vs ASSTT. COMMERCIAL TAX OFFICER & ORS. reported in 1994(2) SCC 434
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RAM AND SHYAM COMPANY VS. STATE OF HARYANA AND OTHERS reported in (1985) 3 SCC 267
Shri Sitaram Sugar Co. Ltd. v. Union of India [(1990) 3 SCC 223
SACHIDA NAND SINGH & ANOTHER V. STATE OF BIHAR AND ANOTHER reported in (1998) 2 SCC 493
State of H.P. v. Gujarat Ambuja Cement Ltd. [(2005) 6 SCC 499]
Sanjana M. Wigv. Hindustan Petroleum Corpn. Ltd. [(2005) 8 SCC 242]
State of U.P. v. Mohammad Nooh [AIR 1958 SC 86 : 1958 SCR 595 : 1958 SCJ 242]
STATE OF M.P. AND OTHERS Vs. SANJAY NAGAYACH AND OTHERS reported in (2013) 7 SCC 25
TATA POWER COMPANY Vs RELIANCE ENERGY LIMITED AND OTHERS reported in 2009(16) SCC 659
T.M. Kanniyan v. ITO [(1968) 2 SCR 103 : AIR 1968 SC 637 : 68 ITR 244]
VOLTAS LTD Vs STATE OF AP reported in 2004(11) SCC 569
W.B. Electricity Regulatory Commission v. CESC Ltd. [(2002) 8 SCC 715
UNION OF INDIA AND OTHERS VS. TANTIA CONSTRUCTION PRIVATE LIMITED reported in (2011) 5 SCC 697
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