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ALLAHABAD HIGH COURT
N. L. Ganguly, J
U. P. State Electricity Board v. M/s. Rohtak and Hisar District Electricity Company Ltd.
| Table of Content |
|---|
| 1. examine legality of tariff adjustments under statutory provisions. (Para 1 , 2) |
| 2. assess the disputes arising within arbitration agreements. (Para 3 , 8) |
| 3. determine procedural fairness and opportunity in arbitration hearings. (Para 4 , 10 , 11) |
| 4. challenge arbitral jurisdiction and efficacy of the umpire's decisions. (Para 5 , 6 , 7) |
| 5. consider the implications of non-speaking awards in arbitration. (Para 9 , 12 , 13 , 14) |
| 6. conclusion that emphasizes the need for remittal and fairness in arbitration. (Para 15 , 16) |
1. Validity of fixation of grid tariff rate under S.46 of the Electricity (Supply) Act, 1948 (hereinafter referred to as 'the Act'), refund of amount paid was claimed and demand for the dues on basis of such rate was disputed by respondent in two arbitration proceedings. Umpire having made award in favour of the respondent, appellant objected to it in court. Not being successful in its objection, this appeal has been filed under S.39 of the Arbitration, Act (hereinafter referred to as 'the Act').
2. Respondent is a company carrying on business of supply of electricity to consumers. In the year 1957 it obtained a licence under S.3 of the Indian Electri
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