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CG Power And Industrial Solutions Ltd. (formerly Crompton Greaves Ltd. ) – Appellant
Versus
U. P. Power Transmission Corporation Ltd. Thru. Supr. Engineer – Respondent
JUDGMENT :
Mrs. Sangeeta Chandra, J.
1. This Application has been filed by the Applicant under Section 11(6) of the Arbitration and Conciliation Act, 1996 as amended, saying that the Applicant is a public limited company duly incorporated under the Companies Act and the Respondent U.P. Power Transmission Corporation Limited (here in after referred to as UPPTCL) is a State Transmission Utility notified under Section 39 of the Electricity Act, 2003.
2. It has been argued by the learned counsel for the Applicant that a Tender was floated by the Respondent Corporation in 2010 11 bearing –11 bearing Specification No.ESD 8/48 for construction of a –11 bearing 400/220 kW Substation at Banda on turnkey basis. The contract was awarded to the Applicant on 28.12.2011, in furtherance whereof three separate Agreements were executed between the parties, the first one being for supply of equipment and materials for construction of the Substation, that is, the Supply Agreement. In between January 2013, and March 2013, the Applicant manufactured certain equipment and the same was inspected by the Respondent. The Applicant wanted to supply the equipment two months earlier to the initially agreed date o
Point of Law : Exercise of judicial power under Section 11 (6A) of the Act is concerned, the Designated Judge should confine himself only to the examination of the existence of an arbitration agreeme....
Special laws govern disputes between generating companies, affirming the maintainability of arbitration clauses in power purchase agreements despite jurisdictional objections from the parties.
Successors-in-interest can invoke arbitration clauses from agreements made by original parties, broadening the definition of 'party' under the Arbitration and Conciliation Act, 1996.
The Micro, Small and Medium Enterprises Development Act, 2006 has overriding effect over the Arbitration and Conciliation Act, 1996 when the jurisdiction of the Council has been invoked, and the Coun....
The main legal point established in the judgment is that the venue of arbitration specified in the contract determines the jurisdiction of the court to entertain applications for the appointment of a....
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