P. B. BAJANTHRI, ARUN KUMAR JHA
South Bihar Power Distribution Company Ltd. – Appellant
Versus
Bhagalpur Electricity Distribution Company Pvt. Ltd. – Respondent
Arun Kumar Jha, J.—In these bunch of cases, the issues are common and interrelated, as such, all have been heard together and are being disposed of by this common judgment. The reliefs sought by the petitioners are as under :
2. In CWJC No. 20350 of 2021 (South Bihar Power Distribution Company Limited vs. Bhagalpur Electricity Company Private Limited)
This petition has been filed by the South Bihar Power Distribution Company Limited (SBPDCL) under Article 227 of the Constitution of India. In the instant petition, petitioner has prayed for the following reliefs:—
"(I) To quash and cancel the Judgment/order dated 25.09.2021 passed by Sri Sunit Datta Mishra in Arbitration case no. 1 of 2017 the learned District Judge being the Principal Civil Court within the meaning of Section 2(e) of Arbitration and Conciliation Act, 1996 and a Commercial Court notified in accordance with Section 3 of the Commercial Court, Commercial Division and Commercial Appellate Division of High Courts Act, 2015;
(II) To issue other interim and final order or orders, direction or directions, writ or writs as this Hon'ble Court may deem fit proper in the facts and circumstances of this case;"
3. Request Case No. 147
Shailesh Dhariyawan vs. Mohan Bal Krishan Lulla
Radha Sundar Dutta vs. Mohd Jahadur Rahim
Radha Krishna Sivadutta Rai vs. Tayebali Dawoodbhai
National Textile Corporation Ltd. vs. Nareshkumar Badrikumar Jagad
Union of India vs. Chinoy Chablani & Co. AIR 1982 Cal 365 (Para 10 to 14)
S.N. Prasad vs. Monnet Finance Ltd.
Jayesh H. Pandya vs. Subhtex India Ltd.
Datar Switchgears Ltd. vs. Tata Finance Ltd.
Punj Lloyed Ltd. vs. Petronet MHB Ltd.
Zostel Hospitality (P) Ltd. vs. Oravel Stays (P) Ltd.
M/s S.B.P. & Co. vs. M/s Patel Engineering Ltd.
Vidya Drolia vs. Durga Trading Corporation
Antrix Corporation Ltd. vs. Devas Multimedia Pvt. Ltd., (2014) 11 SCC 560 (Para 1, 16, 24, 27, 31
Deep Industries Ltd. vs. Oil and Natural Gas Corporation Ltd., (2020) 15 SCC 706 (Para 12, 13, 22
Bharat Sanchar Nigam Ltd. vs. Motorola India Pvt. Ltd.
Commissioner of Income Tax vs. Ajanta Electricals, Punjab, (1995) 4 SCC 182 (para 9, 10
Jayesh H. Pandaya vs. Subhtex India Ltd.
Sasan Power Ltd. vs. North American Coal Corporation
Mahanagar Telephone Nigam Ltd. vs Canara Bank
Chloro Controls India (P) Ltd. vs. Severn Trent Water Purification Inc
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