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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
SUDESH BANSAL
Comet Power Private Limited – Appellant
Versus
Global Institute of Technology Society – Respondent
ORDER :
1. Instant arbitration application under Section 11(6) of the Arbitration and Conciliation Act, 1996 has been filed by the applicant seeking appointment of a sole Arbitrator to adjudicate/resolve the dispute between the parties.
2. Respondents has filed reply to the arbitration application.
3. Heard counsel for both parties and perused the documents available on record.
4. Applicant has come up with a case that Power Purchase Agreement dated 03.11.2018 was entered into between one Pink City Energy Private Limited and the respondent, to install and operate a solar photovolatic power plant of 628 KWP capacity at the premise of respondent at Sitapura, Jaipur. Respondent had agreed to purchase the entire solar power project on terms and conditions as agreed under the Power Purchase Agreement dated 03.11.2018. It has been pleaded that later on, under the Novation Agreement dated 15.02.2019, all the rights and liabilities of Pink City Energy Pvt. Ltd. were transferred to the applicant-Company and respondent, being party to the Novation Agreement, agreed for the same and put his signature. The Novation Agreement is part and parcel of the original Power Project Agreement dated 03.11.20
The court's jurisdiction under Section 11(6) of the Arbitration and Conciliation Act is limited to determining the existence of a dispute and an arbitration agreement, not the merits of the case.
The High Court's role under Section 11 of the Arbitration and Conciliation Act is limited to confirming the existence of an arbitration agreement, not addressing the merits of the dispute.
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