Supreme Court of India · 2001-08-28
U.P.State Electricity Board vs Banaras Electric Light & Power Co.Ltd
- Citation / case number
- AIR 2001 SUPREME COURT 3687
- Court
- Supreme Court of India
- Petitioner
- U.P.State Electricity Board
- Respondent
- Banaras Electric Light & Power Co.Ltd
- Author
- D.P.Mohapatra
- Bench
- A.P. Misra, D.P. Mohapatra
Judgment text excerpt
The Supreme Court upheld the appointment of an arbitrator by Banaras Electric Light and Power Company Ltd. under Section 52 of the Indian Electricity Act, 1910, rejecting the U.P. State Electricity Board's objections based on the Indian Electricity (U.P. Amendment and Validation) Act, 1976. The Court found that the provisions of the Amendment and Validation Act were unconstitutional, as previously determined in U.P. State Electricity Board vs. Upper Jamuna Valley Electricity Company Ltd., and thus did not restrict the company's right to appoint an arbitrator. The appeals by the Board were dismissed, affirming the High Court's decision.