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2021 Supreme(Del) 1874

C. HARI SHANKAR
Efs Facilities Services (India)) Pvt. Ltd. (formerly Known As Daikia India Pvt. Ltd. ) – Appellant
Versus
Indeen Bio Power Limited – Respondent


Advocates appeared:
Dayan Krishnan, Advocate, Vasant Rajasekaran, Advocate, Saburabh Babulkar, Advocate, Reshma Ravipati, Advocate, Sukrit Seth, Advocate, Hiroo Advani, Advocate, Navdeep Dahiya, Advocate, Shashank Garg, Advocate, Tariq Khan, Advocate

JUDGMENT

C .Hari Shankar, J. - As noted in the order dated 28th July, 2020, this petition was heard finally, with consent of learned Counsel for the parties. It is, therefore, being disposed of, by the present judgement.

2. M/S EFS Facilities Services (India) Pvt. Ltd. (hereinafter referred to as "EFS") has invoked Section 34 of the Arbitration and Conciliation Act, 1996, to challenge the award dated 20th May, 2020, whereby the learned Arbitral Tribunal has arbitrated on the dispute between EFS and M/s Indeen Bio Power Limited (hereinafter referred to as "Indeen").

3. Efs was earlier known as M/s. Daikia India Pvt. Ltd. (hereinafter referred to as "DIPL"). DIPL, vide Share Purchase Agreement dated 29th March, 2012, sold its entire equity to EFS, which resulted in EFS stepping into the shoes of DIPL.

    Facts

4. The controversy between EFS and Indeen revolves, essentially, around five agreements, viz.

    (i) a Project Development Agreement (hereinafter referred to as "PDA") dated 2nd

    (ii) a Synchronization and Coordination Agreement (hereinafter referred to as "SCA") dated 8 May, 2010


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