Sikkim Power Development Corporation ... vs M/S Amalgamated Transpower India ... on 28 July, 2022
The Award is not
patently illegal as the Sole Arbitrator had examined each of the
issues and rendered his findings on each of them, most of which
remains unassailed. The appeal of SPDC and the SoS is an
assortment of contradictory pleas which are liable to be rejected.
With regard to the grant of ₹265.10 crores by the Sole Arbitrator in
the claim of ATPL for damages of ₹120 crores only, Mr. Das
submitted that the Sole Arbitrator had considered the cost
escalation from the date of termination, i.e., 02.05.2008, till the
filing of the claim petition, i.e., 02.05.2012, on civil costs as per
CEA/CWC norms. It was further argued that the calculation of price
Arb. A. No.1 of 2020 19
Sikkim Power Development Corporation Ltd. & Anr. vs. Amalgamated Transpower (India) Ltd.