M/S JAIPRAKASH ASSOCIATES LIMITED vs M/S NHPC LIMITED

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 14th JANUARY, 2025 IN THE MATTER OF: + ARB.P. 1061/2023 M/S JAIPRAKASH ASSOCIATES LIMITED .....Petitioner Through: Mr. Lovkesh Sawhney, Senior Advocate with Mr. Rohit Kumar, Advocate. versus M/S NHPC LIMITED .....Respondent Through: Mr. Gauhar Mirza, Ms. Hiral Gupta, Ms. Sukanya Singh, Mr. Rohit Rahar, Mr. Devarshi Mohan, Advocates. CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD JUDGMENT 1. The present Petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter 'Act of 1996') by the Petitioner seeking recommencement of the arbitration and appointment of nominee Arbitrator on behalf of the Respondent to adjudicate upon the disputes which have arisen between the Parties. 2. Shorn of unnecessary details, the facts leading to the present petition are as under:- i. The Respondent invited bids with regard to execution of Dulhasti Hydro Electric Project on river Chenab at Kishtwar, Jammu and Kashmir. Tenders were invited since the same had been abandoned by a previous awardee namely M/s. Dumaz-Sogea Borie SAE. Signature Not Verified Digitally Signed By:RAHUL SINGH ARB.P. 1061/2023 Page 1 of 24 Signing Date:17.01.2025 12:54:24 The balance work was continued by the Petitioner between 1992 to 1995. ii. Similarly, the work was done by the joint venture of M/s Jaiprakash Industries Limited and M/s Statkraft Anlegg AS. Subsequently, it was amalgamated with M/s Jaypee Cement Limited which came to be known as M/s Jaiprakash Associates Limited, the Petitioner herein and submitted its bid to the tender floated by the Respondent. iii. It is stated that in the second phase, the work was divided into two packages, one for Upstream Area Works (Package 1) and the other for Downstream Area Works