Advocates:
['I P KOHLI', '', 'KANTI RAM', 'DHARMENDRA BARTHWAL']

HIGH COURT OF UTTARAKHAND AT NAINITAL

Writ Petition (M/S) No. 1609 of 2020

Bharat Heavy Electricals Limited

..…Petitioner.

Versus

Uttarakhand Power Corporation Limited

and others

.… Respondents

Present :

Mr. V.K. Kohli, Senior Advocate, assisted by Mr. Kanti Ram, Advocate, for the

petitioner.

Mr. Dharmendra Barthwal, Advocate, for the respondents.

JUDGEMENT

Hon’ble Sharad Kumar Sharma, J.

As per the agreement for supply of electricity and

energy to the petitioner, a contract was executed between the

petitioner and the UPCL, for the purposes of supply of 34

MVA of electricity. As per the terms and conditions

contained under the Supply Agreement under Clause 18, it

had provided that if there arises any controversy emanating

from the terms and conditions of the contract, all the

disputes, were made referable to the Arbitrator, provided

therein, the procedure of which, was supposed to be

governed by the provisions of the Arbitration Act of 1940.

Clause 18 of the contract, reads as under:-

“18. All disputes and differences between the

supplier and the consumer (settlement of adjustment of

which is not herein before pr