Niyam v2 is live — start for just ₹100 — 200 credits to try

december 2005

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.

M/S Transmission Corporation Of A.P. ... vs M/S Lanco Kondapalli Power Pvt. Ltd · Niyam