S.RAVINDRA BHAT, S.P.GARG
DALMIA SOLAR POWER LTD – Appellant
Versus
NTPC VIDYUT VYAPAR NIGAM LTD – Respondent
S. RAVINDRA BHAT, J.
1. This appeal is directed against an order of the learned Single Judge rejecting the petition under Section 34 of the Arbitration & Conciliation Act, 1996 (hereinafter referred as ‘The Act’). The appellant had challenged the legality of the award of the Tribunal dated 24.11.2016.
2. The appellant entered into an agreement with the respondent (hereinafter referred as ‘NVVN’) pursuant to the scheme of the Union Ministry of New and Renewable Energy which had floated the Jawaharlal Nehru National Solar Mission. The mission proposed to purchase solar power and power from other non-conventional sources -the NVVN was to enter into long term agreements at a fixed tariff to be determined by the Central Electricity Regulatory Commission. The appellant proposed to set up a solar power plant based on an innovative technology known as Solar Dish Sterling Engine Based Technology to be provided to it by a foreign collaborator-M/s. Infinia Corporation, USA. The appellant approached the Rajasthan Renewable Energy Corporation Ltd. for a long term arrangement for supply from their intended power plant using Infinia technology. It is stated that the corporation empanelled
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