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2023 Supreme(Del) 1997

VIBHU BAKHRU, AMIT MAHAJAN
Kidde India Ltd. – Appellant
Versus
National Thermal Power Corpn. Ltd. – Respondent


Advocates appeared:
Mr. Chandan Kumar with Ms. Kirti Atri, Advocates, for the Petitioner.
Mr Puneet Taneja, Ms Laxmi Kumari and Mr Manmohan Singh Narula, Advocates, for the Respondent.

JUDGMENT

Vibhu Bakhru, J. The appellant (Kidde India Ltd.) has filed the present appeal impugning an order dated 12.03.2019 (hereafter `the impugned order') passed by the learned Single Judge in CS(OS) 549/2009 captioned "Kidde India v. NTPC". The impugned order sets aside an arbitral award dated 09.12.2008 (hereafter `the impugned award') on the ground that the claims made by the appellant in the arbitral proceedings are barred by limitation.

2. The limited question that falls for consideration of this court is whether the impugned award is vitiated by patent illegality.

Factual Context

3. The predecessor-in-interest of the appellant, one M/s Vijay Machinery Store, submitted its bid for the work of installation of fire protection systems against prescribed specifications for the Ramagundum, Super Thermal Power Project, Stage I (hereafter `the Project). Thereafter, on 18.02.1982, the respondent (hereafter `NTPC') issued a Telex of Award in favour of the predecessor. This was followed by the NTPC issuing a detailed Work Order dated 24.03.1982 (hereafter `the Contract') in favour of the predecessor. The firm M/s Vijay Machinery Store was succeeded by Vijay Fire Protection Private Ltd

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