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2013 Supreme(Del) 450

SANJAY KISHAN KAUL, VIPIN SANGHI
National Hydroelectric Power Corporation Ltd. – Appellant
Versus
General Electric Company Ltd. – Respondent


Advocate Appeared:
For the Appellant:Sachin Datta, Ms. Neha Gupta, Advocates.
For the Respondents:R1, Trideep Pais, Ashwath Sitaraman, Ms. Natalia Shibli, Ms. Prabhsahay Kaur, Advocates.

Judgment :-

Vipin Sanghi, J.

1. The appellant has preferred the present appeal under Section 39 of the Arbitration Act, 1940 (‘the Act’) directed against the judgment and order dated 18.05.2010, whereby the Learned Single Judge dismissed the objections to the arbitral award dated 07.05.1996 (preferred vide I.A. No. 4860/2004 under Sections 30 and 33 of the Act) and made the same a “rule” of the court.

2. A contract was entered between the Appellant/objector, National Hydro Electric Power Corporation Ltd. (NHPC) as the owner of the project, and (i) SNC/ACRES – a joint venture of SNC Inc. and Acres International Ltd.; (ii) MIL Group Inc. (MIL), and; (iii) the Canadian General Electric Company Ltd. (GE) – incorporated under the laws of Canada, as the supplier of equipment and services on 03.08.1984. The project in question was the Chamera Hydroelectric project on Raavi River in the State of Himachal Pradesh. The contract involved the construction of a dam, an underground power house complex containing three hydro turbine generator units, tunnels, switchyards and a transmission line. SNC/ACRES – the two component companies are each engaged in the business of professional engineering. G
























































































































































































































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