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july 1996

Supreme Court of India · 1996-07-12

PUNJAB STATE ELECTRICITY BOARD vs GURU NANAK COLD STORAGE &ICE FACTORY&ANR

Citation / case number
SC 1993/89445
Court
Supreme Court of India
Petitioner
PUNJAB STATE ELECTRICITY BOARD
Respondent
GURU NANAK COLD STORAGE &ICE FACTORY&ANR
Author
K. RAMASWAMY
Bench
K. RAMASWAMY

Judgment text excerpt

The Supreme Court held that disputes regarding the disconnection of electrical supply and consequential damages are not arbitrable under the provisions of the Indian Electricity Act, 1910 or the Electricity (Supply) Act, 1948. The Court emphasized that Section 32 of the Arbitration Act prohibits civil suits for determining the existence or validity of an arbitration agreement, and any challenge must be made under Section 33 of the Arbitration Act. Consequently, the appeal was dismissed, affirming the lower courts' decisions that the remedy of a regular civil suit was excluded in such matters.

PUNJAB STATE ELECTRICITY BOARD vs GURU NANAK COLD STORAGE &ICE FACTORY&ANR · Niyam