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2022 Supreme(Ori) 122

K.R.MOHAPATRA
GMR Kamalanga Energy Ltd. – Appellant
Versus
SEPCO Electric Power Construction Corporation – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Dr. Abhisekh Manu Singhvi, Advocate being assisted by Mrs. Pami Rath, Advocate
For the Respondent:Mr. Jayant Mehta, Senior Advocate being assisted by Mr.N. Paikray, Advocate

JUDGMENT :

K.R.MOHAPATRA, J.

This Petition under Section 34 of the Arbitration and Conciliation Act, 1996 (for short ‘the Arbitration Act’) has been filed assailing the award dated 7th September, 2020 (corrected on 17th November, 2020) passed by a three member Arbitral Tribunal. The matter is heard on the question of admission.

2. The Petitioner, GMR Kamalanga Energy Limited (for convenience ‘GKEL’) entered into an agreement with Opposite Party-SEPCO Electric Power Construction Corporation (for convenience ‘SEPCO’) in 2008 for construction and operation of a Coal Fired Thermal Power Plant at Kamalanga village in Dhenkanal district of Odisha. In that process, GKEL and SEPCO entered into four agreements, which were amended subsequently. Dispute arose between the parties for delay in construction as well as on other technical issues relating to the construction and operation of the plant. On 30th March, 2015, SEPCO served a notice of dispute on GKEL and initiated arbitration proceeding serving notice of arbitration dated 18th June, 2015. An Arbitral Tribunal was constituted to adjudicate upon the dispute between the parties. As per the agreement, arbitration was to be made in accordance

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