B.P.DHARMADHIKARI, Z.A HAQ
Sonali Power Equipment – Appellant
Versus
Chairman, Maharashtra State Electricity Board, Mumbai – Respondent
B.P. Dharmadhikari, J.
This Court has issued notice in all these Appeals on 15.02.2018, and thereafter on 05.06.2018, after hearing the respective learned Counsel for some time, the same came to be adjourned to 10.07.2018 for hearing at 2.30 p.m. Efforts were being made to decide the appeals finally. Accordingly we “ADMIT” these appeals and hear them finally with consent, as only legal contentions are being raised. Needless to mention that facts are not in dispute between the parties.
2. Before proceeding further, bone of contention need to be mentioned briefly. Submission advanced by Shri S.P. Dhole, learned counsel who appears for appellants, is that the judgment of Hon'ble Supreme Court in case of T.N. Generation and Distribution Corporation vs. PPN Power Generation Company Pvt. Ltd (Civil Appeal No. 4126/2013), delivered on 04.04.2014, is not properly considered by the Division Bench of this Court at Bombay in (M/s. Delton Electricals vs. MSEDCL and others) Commercial Appeal No.38/2017. This judgment is delivered on 31.08.2017, and that appeal arose out of an Arbitration Petition (L) No.2464/2015 allowed by the learned Single Judge on 15.11.2016. Appellants state that j
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