IA No. 4177/2016 (Seeking waiver of deposit)

1. GE T&D India Limited [earlier known as Alstom T & D India Limited (hereafter 'Alstom')] has filed this petition under Section 34 of the Arbitration and Conciliation Act, 1996 (‘Act’) challenging an Award dated 22nd November, 2015 passed by the Facilitation Council, Facilitation Cell, Kanpur (‘hereinafter ‘FC’) in the disputes between Alstom and the Respondent, Reliable Engineering Projects and Marketing (‘REPM’).

2. It is pointed out at the outset by the Petitioner that the impugned Award comprises of two awards passed by the FC, one pursuant to the order dated 29th June, 2015 (Award Part-I) and the other pursuant to the order dated 13th August, 2015 (Award Part-II).

Background facts

3. REPM is a sole proprietorship concern of which Mr. Vijendra Kumar Verma is the Sole Proprietor. It has its office in Ghaziabad, Uttar Pradesh. The Government of India awarded the work of the installation of the Jhajjhar Power Plant to Aravali Power Company Pvt. Ltd. ('Aravali'), a joint venture of NTPC Ltd., Haryana Power Generation Company Ltd and Indraprastha Power Generation Company Ltd. Aravali by a contract dated 15th January, 2008 awarded A