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2021 Supreme(P&H) 1434

JASWANT SINGH, SANT PARKASH
Haryana Power Generation Corporation Ltd. – Appellant
Versus
Mstc Ltd. – Respondent


Advocates Appeared:
Mr. Naresh Markanda, Senior Advocate, Ms. Sonia Madan, Advocate, for the Appellant, Mr. Kunal Verma, Advocate, Mr. Rajiv Atma Ram, Senior Advocate, Mr. Rajat Khanna, Advocate, for the Respondent.

ORDER

Sant Parkash, J. - The aforesaid presence is being recorded through video conferencing since the proceedings are being conducted in virtual court. 1. The appellant has preferred the instant appeal under Section 37 of the Arbitration & Conciliation Act, 1996 (for short, Arbitration Act'), against order dated 05.01.2018, passed by the Special Commercial Court presided over by the Additional District Judge, Gurugram, vide which, Award dated 19.12.2014 (Annexure A-1) passed by the Arbitral Tribunal has been partly upheld.

2. The appellant - Haryana Power Generation Corporation Limited issued a notice inviting Tender dated 01.03.2012 for supply of 14.5 lac metric tones imported steam coal in bulk on High Seas Sale basis of Type-1 GCV Air Dried Basis (ADB) 6300 Kcal/Kg over a period of six months i.e. from October 2012 to March 2013, to be supplied to three power plants i.e. PTPS, Panipat (6 lac MT), DCRTPP, Yamuna Nagar (2 lac MT) and RGTPP, Khedar (6.5 lac MT). The last date for submission of bids was 19.04.2012.

3. Letter of acceptance dated 13.09.2012 was issued in favour of respondent No.1 - M/s MSTC Ltd., it being the lowest bidder. Earlier to that, respondent No.2 - M/s Adani E

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