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march 2008

Supreme Court of India · 2008-03-13

Gujarat Urja Vikash Nigam Ltd vs Essar Power Ltd

Citation / case number
AIR 2008 SUPREME COURT 1921
Court
Supreme Court of India
Petitioner
Gujarat Urja Vikash Nigam Ltd
Respondent
Essar Power Ltd
Author
Markandey Katju
Bench
H.K. Sema, Markandey Katju

Judgment text excerpt

The Supreme Court upheld the Gujarat High Court's appointment of Mr. Justice A.M. Ahmadi as the sole arbitrator under Section 11(5) and (6) of The Arbitration and Conciliation Act, 1996, affirming that the parties had agreed to arbitration in their power purchase agreement. The Court emphasized the necessity of adhering to the agreed dispute resolution mechanism when amicable settlement fails. The appeal by the Nigam was dismissed, confirming the High Court's decision to facilitate arbitration.

Gujarat Urja Vikash Nigam Ltd vs Essar Power Ltd · Niyam