IN THE HIGH COURT OF MADHYA PRADESH

AT JABALPUR

BEFORE

HON'BLE SHRI JUSTICE VIVEK RUSIA

&

HON'BLE SHRI JUSTICE PRADEEP MITTAL

MISC. PETITION No. 3672 of 2025

M /S SHYAM INDUS POWER SOLUTION PRIVATE LTD.

Versus

MADHYA PRADESH MADHYA KSHETRA VIDYUT VITRAN CO. LTD.

Appearance:

Shri Somesh Shukla – Advocate appearing on behalf of Shri Pankaj Kumar Singh - Advocate (through video conferencing mode) for the

petitioner.

Shri Bharat Singh with Shri Harpreet Singh Gupta and Shri Manan

Agrawal - Advocates appearing on behalf of the respondent.

WITH

MISC. PETITION No. 1446 of 2025

MADHYA PRADESH MADHYA KSHETRA VIDYUT VITARAN COM.

LTD.

Versus

M/S SHYAM INDUS POWER SOLUTIONS PVT. LTD

Appearance:

Shri Bharat Singh – Additional Advocate General with Shri Harpreet Singh Gupta and Shri Manan Agrawal - Advocates appearing on behalf of the petitioner.

Shri Somesh Shukla - Advocate appearing on behalf of Shri Pankaj Kumar Singh - Advocate (through video conferencing mode) for the respondent.

RESERVED ON : 17.12.2025 PRONOUNCED ON : 05.01.2026 ORDER Per: Justice Vivek Rusia M/s Shyam Indus Power Solutions Pvt. Ltd/Decree Holder has filed M.P. No.3672/2025 under Article 227 of the Constitution of India, challenging the order dated 27.03.2024 passed by the VIII Additional District and Sessions Judge, Commercial Court, Bhopal in case No.EX AB 275/2021.

2. The Madhya Pradesh Madhya Kshetra Vidyut Vitaran Co. Ltd. (MPMKVVCL)/Judgment Debtor has also filed M.P. No.1446/2025 under Article 227 of the Constitution of India, being aggrieved by the order dated 27.03.2024 passed by the learned 10th Additional District Judge, Bhopal (M.P.) in EX No.37404/2024. Facts of the case, in short, are as follows:-

3. The Madhya Pradesh Madhya Kshetra Vidyut Vitaran Co. Ltd. (MPMKVVCL/Judgment Debtor)is a wholly State Government Company registered under the provisions of the Indian Companies Act, 1956, engaged in the activities of distribution and retail supply of electricity and power within the areas covered by the Commissioner, Bhopal, Hoshangabad, Gwalior, and Chambal. The electricity Company invited tender on 27.07.2007 for the distribution of electricity for Chhola Zone of the City Division (North), Bhopal vide Specification No.ACE/CC/05/2007/DP/3437. M/s. Shyam Indus Power Solutions Pvt. Ltd. (hereinafter referred to as Decree Holder) submitted a tender for the above work, and the same was accepted by the MPMKVVCL/Judgment Debtor. An agreement was executed between the MPMKVVCL/Judgment Debtor and Decree Holder on 22.12.2007 for a period of five years from 01.02.2008 to 31.05.2012. During the currency of the contract period, a difference/dispute arose between the parties over the application of the Input Tax Formula.

4. The MPMKVVCL/Judgment Debtor calculated and recovered Input Tax Formula on the basis of terms and conditions of the agreement, whereas M/s. Shyam Indus claimed Input Rate on the basis of the tender documents. In view of the arbitration Clause 21.1.6 in the NIT, arbitration proceedings were commenced before Shri S.K. Dubey, retired Judge of this Court, as Presiding Arbitrator and two other Arbitrators (hereinafter referred to as the Arbitral Tribunal). Decree Holder filed a statement of claims on 04.09.2010, and MPMKVVCL/Judgment Debtor denied the claims by filling written statement.

5. The learned Arbitrator Tribunal passed an award in favour of M/s. Shyam Indus/Decree Holder. The operative part of the arbitral award dated 04.02.2012 is reproduced below:-

32. As an upshot, the Claimant is entitled to the amount of Rs. 1,56,80,554/ calculated from the inception till 31.07.2010 and interest/losses thereon of Rs. 21,37,315/- and thereafter the difference in realizing the excess amount of the Input Rate on the date of the completion of the period of the Distribution Agreement.

33. The Claimant would also be entitled in the amount of CAPEX the scheme/s as submitted by the Claimant in accordance with the original terms relating to CAPEX as contained in the Tender Document and as suc