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2018 Supreme(Raj) 276

MOHAMMAD RAFIQ, ALOK SHARMA
RAJASTHAN RAJYA VIDYUT UTPADAN NIGAM LTD. – Appellant
Versus
PARSA KENTE COLLIERIES LTD. – Respondent


Advocate Appeared:
For the Appellant :Mr. Gopal Subramanium, Senior Counsel, associated with Mr. Kartik Seth, Mr. Jayavardhan Singh and Mr. Parikshit Singh and Deputy Government Counsel, Advocate
For the Respondent:Mr. Dushyant Dave, Senior Counsel and Mr. R.N. Mathur, Senior Counsel, associated with Mr. Anuroop Singhi, Mr. Saurabh Jain and Mr. Salil Sinha, Advocates

JUDGMENT :

Mohammad Rafiq, J.

This appeal under Section 37 of the Arbitration and Conciliation Act, 1996, filed by Rajasthan Rajya Vidyut Utpadan Nigam Limited, seeks to challenge the judgment of the Commercial Court (Additional District & Sessions Judge No.1), Jaipur Metropolitan, dated 13.04.2017 in Arbitration Objection Case No.51/2016, thereby dismissing the objections filed by the appellant under Section 34 of the Arbitration and Conciliation Act, 1996, to the Arbitral Award dated 27.05.2015.

2. Rajasthan Rajya Vidyut Utpadan Nigam Limited (for short, 'the RVUNL'), the appellant herein, is a power generating company within the meaning of Section 2(8) of the Electricity Act, 2003. It is owned by the State of Rajasthan. The appellant floated a tender in March, 2006 to select firms/consortium of firms/collaborator firms for entering into with a Joint Venture Agreement so as to form a joint venture company for undertaking the coal block development, mining of coal and arranging its transportation and delivery to the appellant's Thermal Power Stations at Chhabra Phase-II and Kalis











































































































































































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