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2012 Supreme(Del) 3323

REVA KHETRAPAL
Karam Chand Thapar & Bros (Coal Sales) Ltd. – Appellant
Versus
Tehri Hydro Development Corporation India Ltd. – Respondent


Advocates Appeared:
Mr. A.K. Ganguly, Sr. Advocate with Mr. Sukumar Pattjoshi, Ms. Madhumita Kothari, Ms. Reetu Chhabra and Mr. Niranjan Behera, Advocates.
Mr. Gourab Banerjee, Sr. Advocate with Mr. S.K. Taneja, Sr. Adv. alongwith Mr. Puneet Taneja and Mr. Anand Kumar Singh, Advocates for the respondent No.1. Mr. Jaswinder Singh, Advocate for the respondent No. 2.

Reva Khetrapal, J.

1. The present petition under Section 11(2) and (6) of the Arbitration and Conciliation Act, 1996 has been filed by M/s. Karam Chand Thapar & Bros (Coal Sales) Ltd. (hereinafter referred to as "KCT").

BRIEF BACKGROUND

2. The essential facts leading to the dispute between the parties are within a narrow compass. The Respondent, Tehri Hydro Development Corporation India Limited (hereinafter referred to as "THDC") is a joint venture corporation of Government of India and Government of U.P. THDC invited tenders for three packages for the work of construction of Tehri Hydro Power Plant. KCT submitted its tenders for the three packages vide their letter dated 14.12.1993. THDC accepted the offer of KCT and issued Letter of Intent dated 8th November, 1995 and Contract Agreements to this effect were signed on 03.01.1996 separately for the three packages between the parties. KCT contends that the present petition relates to Package-III specifically, which is denied by THDC. It is the submission of THDC that KCT has raised disputes pertaining to other packages as well. It is, however, not in dispute that Clause 60 of the "General Conditions of the Contract" provided for a four

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