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2019 Supreme(Kar) 1803

P.B.BAJANTHRI
Hassan Thermal Power Pvt. Ltd. , thru Its Director – Appellant
Versus
State Of Karnataka Thru Additional Chief Secretary – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI.ANOOP GEORGE CHAUDHARI, LEARNED SENIOR COUNSEL ALONG WITH MRS.JUNE CHAUDARI, MR. R K MAROOLA, MR.SUNIL MAREELA, MS.PRATHIBA SHARMA, MS.ISHA THAKUR - ADVS for SRI K S BHEEMAIAH
For the Respondent: SRI V SREENIDHI, SRI S.S. NAGANAND, SR. COUNSEL FOR SRI S SRIRANGA FOR C/R.2

ORDER :

In the instant petition, petitioner has sought for the following reliefs:

    (a) Issue a writ or order or direction in the nature certiorari quashing the impugned order dated 17.12.2018 passed by the Karnataka Electricity Regulatory Commission in OP No.91/2018, which is at Annexure-A.

(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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