Allowed

Talwandi Sabo Power Limtied v. Punjab State Power Corporation Ltd. and Anr.

Punjab & Haryana HC5 Oct 2023CR/4047/2022

Case brief

AI extract

What is this about?

In this arbitration-maintenance petition, the High Court set aside an order held against the petitioner by the Additional District Judge who maintained that only PSERC had jurisdiction. The matter was remanded for a fresh decision on merits within one month.

What did the court decide?

Set aside order dated 14.1.2020; remanded to Additional District Judge for fresh consideration within one month.

Talwandi Sabo Power Limtied Vs Punjab State Power… — Arbitration | Punjab & Haryana HC (2023)

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2023:PHHC:129299

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In the High Court for the States of Punjab and Haryana At Chandigarh

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CR-4047-2022 (O&M) Date of Decision:-5.10.2023

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Talwandi Sabo Power Limited … Petitioner

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Versus

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Punjab State Power Corporation Limited

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... Respondent

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CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL

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Present:Mr. Chetan Mittal, Senior Advocate with Mr. Kunal Mulwani, Advocate; Mr. Satyveer Singh, Advocate and Mr. Ritik Garg, Advocate for the petitioner.

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Mr. Aman Pal, Advocate for the respondent assisted by Ev. Parveer Jain, SE and Ev. Gurinder Singh, AEE.

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GURVINDER SINGH GILL, J . (Oral)

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CM-18180-CII-2023

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In view of the reasons mentioned in the application, the same is allowed and order dated 24.1.2018 annexed with the application is taken on record as Annexure P-23 subject to all just exceptions.

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CR-4047-2022 (Main Case)

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The petitioner assails order dated 14.1.2020 passed by learned Additional District Judge, Patiala acting as Commercial Court-I, Patiala (Annexure P-1) vide which an application filed by the petitioner under Section 29-A(5) of Arbitration and Conciliation Act, 1996 seeking extension of time for

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Pankaj Kakkar 2023.10.05 17:58 I attest to the accuracy and authenticity of this document

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CR-4047-2022 (O&M) ( 2 ) 2023:PHHC:129299

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concluding arbitration, has been held to be not maintainable while observing that it is only PSERC, which has the jurisdiction to deal with such an application.

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Learned counsel representing the respondent, upon instructions from Ev. Parveer Jain, SE and Ev. Gurinder Singh, AEE, has submitted that the respondent has no objection in case the impugned order is set aside and the matter is remanded back to the Court of learned Additional District Judge, Patiala acting as Commercial Court-I, Patiala for a fresh decision on merits.

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Learned counsel representing the petitioner has no objection for the same.

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In view of the aforestated position, the impugned order dated 14.1.2020 (Annexure P-1) is set aside. The parties are directed to appear before the Court of learned Additional District Judge, Patiala acting as Commercial Court-I, Patiala on 18.10.2023. The Court concerned is directed to consider and dispose of the application under Section 29-A of Arbitration and Conciliation Act, 1996 expeditiously on merits preferably within a period of one month from date of appearance of parties.

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The instant petition stands disposed off accordingly.

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5.10.2023 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No

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Pankaj Kakkar 2023.10.05 17:58 I attest to the accuracy and authenticity of this document

Talwandi Sabo Power Limtied v. Punjab State Power Corporation Ltd. and Anr.

Case brief

What is this about?

What did the court decide?

Talwandi Sabo Power Limtied v. Punjab State Power Corporation Ltd. and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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