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2005 Supreme(Gau) 752

H.N.SARMA
Subhash Project and Marketing Ltd. – Appellant
Versus
State of Arunachal Pradesh – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: P.C. Markenda, G.N. Sahewalla and B. Habung, Advs.
For Respondents/Defendant: P.K. Goswami, A. Choudhury and A. Apang, Advs.

JUDGMENT

H.N. Sarma, J.

1. In this batch of writ petitions filed under Article 227 of the Constitution of India, the jurisdictional authority of the Deputy Commissioner, Papumpare District, Yupia in the State of Arunachal Pradesh to entertain the applications under Section 34of the Arbitration and Conciliations Act, 1996 filed by the petitioners praying for setting aside the award passed by the arbitrator in the matter of the related dispute that arose between the parties, have been challenged.

2. The State of Arunachal Pradesh having invited tender on 26.9.1992 for execution of 5 (five) Micro Hydel Schemes For installation in the East Siang district (02 Nos), West Siang district (01 No) and Tawang district (02 Nos), the Petitioners submitted their tenders and the contracts were awarded to them. The aforesaid Micro Hydel Projects were, sought to be implemented Keeping in view the acute power shortage in the State and to meet the demand and develop the power sector of the State. The tenders of the petitioners having been accepted by the department a letter of acceptance dated 17.3.1993 was issued and in terms of the said letter, the Petitioner was a1lotte the contract in question for c





















































































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