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2014 Supreme(Del) 2366

VIBHU BAKHRU
Steel Authority Of India Ltd. – Appellant
Versus
Engineers Project India Ltd. – Respondent


Advocates Appeared:
For the Petitioner:For the Petitioner:A.K. Ganguly, Sr. Advocate with Amit Keshav, Ashish Kumar and George Varghese, Advocates.
For the Respondent:J.P. Sengh, Sr. Advocate with Manoj K. Das, Advocates.

Judgment :

Vibhu Bakhru, J.

1. M/s Steel Authority of India Ltd. (hereafter ‘SAIL’) impugns an appellate award dated 16.04.2012 passed by the Appellate Authority, whereby the appeal filed by the respondent – Engineers Project India Ltd. (hereafter ‘EPIL’) against an award dated 16.05.2011 passed by the Sole Arbitrator, in terms of the dispute resolution mechanism under the Permanent Machinery of Arbitrators (hereinafter ‘PMA’), was allowed.

2. The parties are Central Public Sector Enterprises of the Government of India and as per the executive orders issued by the Government, had agreed for resolution of their disputes through the mechanism of PMA. The principal controversy in this petition involves the question whether a writ petition would be maintainable against an appellate award made under the PMA.

3. Briefly stated, the facts relevant for considering the controversy in the present petition are that SAIL awarded a contract (No.P/Proj/Modn/4011899105/140062) dated 13.11.1991 to EPIL for commissioning of a new Calcining Plant at its steel plant at Rourkela, Odisha on turnkey basis. In terms of the contract, the said project was required to be completed in 36 months i.e. by 12.11

























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