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2013 Supreme(Bom) 660

A.A.SAYED, D.Y.CHANDRACHUD
Dirk India Private Limited – Appellant
Versus
Maharashtra State Electricity Generation Company Limited – Respondent


Advocates appeared:
For the Appellants:Dr. Milind Sathe, Shiraz Rustamjee, Senior Advocates. Mukund Tally, Ms. Shamina Tally, Mustafa Kachwala & Ms. Mallika Tally i/b S. Mohomedbhai & Co., Advocates.
For the Respondents:Aspi Chinoy, Dinyar D. Madon, Senior Advocates, P.V. Bhalerao i/b S.S. Kulkarni, Advocates.

Judgment

Dr. Chandrachud, J.

These appeals arise from an order of a learned Single Judge dated 30 April 2012 on a petition under Section 9 of the Arbitration and Conciliation Act, 1996.

2. An agreement was entered into on 4 October 2000 between Maharashtra State Electricity Board (MSEB) and Dirk India Private Limited (DIPL). The agreement envisaged that Pulverized Fly Ash (PFA) that is generated from MSEB's Thermal Power Station at Nasik would be transported to four hoppers which were to be constructed by DIPL at site. DIPL was to utilise PFA in its PFA handling plant for the manufacture of POZZOCRETE concrete. This was to protect the environment against the degrading impact of PFA. An arbitration agreement was contained in the contract between the parties. Disputes and differences arose between the parties. These were referred to a three-member arbitral tribunal consisting of Mr. Justice B.N. Srikrishna, former Judge of the Supreme Court, Mr. Justice V.G. Palshikar and Mrs. Justice K.K. Baam, former Judges of this Court. The arbitral tribunal rendered its award on 31 March 2011 by which it dismissed the claim of DIPL as well as the counter claim of Maharashtra State Electricity Gen






















































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