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2013 Supreme(Mad) 1732

VINOD K.SHARMA
. – Appellant
Versus
. – Respondent


Judgment :-

Vinod K. Sharma, J.

1. These applications, under Section 9 of the Arbitration and Conciliation Act, 1996 have been filed for interim direction to the respondent to forthwith release all payments against invoices raised by the applicant from commencement of commercial operations since 25th July 2010 to 30th October 2012, and to continue to make payments on the stipulated due date in the BWPA against the invoices raised in future by the applicant.

2. Paragraph 25(iii) of the affidavit reads as under:-

3. The plaintiff company set up a plant for water desalination for the 24x7 supply of drinking water to the city of Chennai. The Project was established as a Public Private Partnership (PPP) between the respondent and the applicant with the support of the Government of Tamil Nadu. The applicant company was incorporated as a Special Purpose Vehicle (SPV) exclusively to Design, Build, Own, Operate and Transfer (DBOOT) the Project.

4. The plant under the project was set up at Minjuris built on 60 acre site in Kattupalli, about 35 kms north of Chennai with a capacity of 100 thousand cu.m. per day (100 million litres per day or 100 MLD). The plant is at present supplying potable
















































































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