Supreme Court of India · 2005-12-15
M/S Transmission Corporation Of A.P. ... vs M/S Lanco Kondapalli Power Pvt. Ltd
- Citation / case number
- AIRONLINE 2005 SC 173
- Court
- Supreme Court of India
- Petitioner
- M/S Transmission Corporation Of A.P. ...
- Respondent
- M/S Lanco Kondapalli Power Pvt. Ltd
- Author
- S.B. Sinha
- Bench
- S.B. Sinha, P.P. Naolekar
Judgment text excerpt
The Supreme Court held that the arbitration clause in the Power Purchase Agreement, governed by the Arbitration and Conciliation Act, 1996, is valid and enforceable. The Court ruled that the Andhra Pradesh Electricity Regulatory Commission does not have exclusive jurisdiction to resolve disputes arising from the agreement, as per Section 37(1) of the Andhra Pradesh Electricity Reform Act, 1998 and Section 86(1)(f) of the Electricity Act, 2003. The Court upheld the need for arbitration as per the agreement, emphasizing that the parties must adhere to the arbitration process outlined in the contract.