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.