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2024 Supreme(Online)(DEL) 357

HIGH COURT OF DELHI
MR JUSTICE RAJIV SHAKDHER, MR JUSTICE AMIT BANSAL, JJ
M/S NTPC VIDYUT VYAPAR NIGAM LTD – Appellant
Versus
OSWAL WOOLEN MILLS LTD – Respondent


Mr Chetan Sharma, ASG, with Mr Puneet Taneja, Mr Amit Gupta, Mr Saurabh Tripathi, Mr Manmohan and Mr Vikramaditya Singh, Advocates; Mr Sanjeev Mahajan, Ms Sarika V. Mahajan, and Mr Pranjal Tandon, Advocates.

RAJIV SHAKDHER, J.: Background

1. This is an appeal preferred by NTPC Vidyut Vyapar Nigam Ltd. [hereafter referred to as “NTPC”], inter alia, under Section 37 of the Arbitration and Conciliation Act, 1996 [hereafter referred to as the “1996 Act”], against the judgment of the Single Judge dated 25.09.2018 [hereafter referred to as, “impugned judgment”].

2. The learned Single Judge, via the impugned judgment, reversed two out of the three claims found in favour of the respondent, i.e., Oswal Woolen Mills Ltd. [hereafter referred to as “Oswal”] by the plurality members of the Arbitral Tribunal (AT) via the award dated 08.07.2015. 2.1. NTPC had preferred a petition under Section 34 of the 1996 Act to assail the following three claims, awarded in favour of Oswal:

    (i) Reimbursement of the cost incurred by Oswal for laying transmission lines from its solar power project to the 132/33 KV substation located at the State Transmission Utility (STU) grid. In this case, the STU was Rajasthan Rajya Vidyut Prasaran Nigam Ltd [in short, “RRVPN”].
    (ii) Recovery of income lost by Oswal due to transmission losses spread over 25 years, i.e., the tenure of the Power Purchase Agreement [PPA] executed betwe

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