8505/2024 (For securing the
amount awarded in the arbitration)
NTPC LIMITED .....Petitioner
Through: Mr. Tarkeshwar Nath & Mr.
Harshit Singh, Advs ... 8506/2024 (For securing the
amount awarded in the arbitration)
NTPC LIMITED .....Petitioner
Through: Mr. Tarkeshwar Nath & Mr.
Harshit Singh, Advs
8505/2024 (For securing the
amount awarded in the arbitration)
NTPC LIMITED .....Petitioner
Through: Mr. S.B. Upadhyay, Senior
Advocate along with ... 8506/2024 (For securing the
amount awarded in the arbitration)
NTPC LIMITED .....Petitioner
Through: Mr. S.B. Upadhyay, Senior
Advocate along with
Services for Station
Piping Package for Simhadri Super Thermal Power Project Stage II
(2X500 MS) at NTPC Simhadri, Vishakapatnam" (hereafter ... Agreement does not
include an Arbitration Clause, the parties cannot be referred to
arbitration. According to NTPC, the Arbitration Agreement as
embodied
jurisdiction under the Act.
11. In its reply to the Arbitration Petition, NTPC raised two-fold
objections. Firstly, that SPML failed ... , disputing the
Settlement Agreement.
43. In its reply to the Arbitration Petition, NTPC specifically
pointed out that SPML never raised
claims of NTPC. The purported claims of NTPC are not arbitrable. Further the purported claims of NTPC ... NTPC.
c) The alleged counter claims of NTPC cannot from the subject matter of the present arbitration
Super Thermal Power
Project, Stage I vide letter 01/CC/32-133/AC dated 24th March, 1982. The
said contract contained an arbitration clause which ... National Thermal Power Corporation Ltd.,
301, Hemkunt Tower,
98, Nehru Place,
New Delhi- 110019
Dear Sir,
Sub: Final notice of arbitration on behalf
Aditya Singh, Advocates
versus
M/S NTPC LTD. KAHALGAON SUPER THERMAL POWER STATION
..... Respondent
Through: Mr. I.S. Alag, Sr. Advocate with ... construction of the Kahalgaon
Super Thermal Power Project situated in District Bhagalpur, Bihar were
awarded by the respondent/NTPC to the appellant
Clause 50.1 of the contract agreement, governs the arbitration,
contained the following arbitration clause:
"56. Except where otherwise provided for in the contract ... petitioner wrote to the NTPC, invoking arbitration. The NTPC replied
Signature Not Verified
Digitally Signed
By:SUNIL SINGH NEGI
Ramagundum, Super Thermal Power Project, Stage I (hereafter 'the
Project). Thereafter, on 18.02.1982, the respondent (hereafter 'NTPC')
issued ... proceedings, that is, the date on
which a notice invoking arbitration was served on NTPC. Thus, if it is
accepted that
delivered by
THOMMEN, J. Leave granted.
The National Thermal Power Corporation (the 'NTPC')
appeals
114
from the judgment ... Court
held that the award was not governed by the Arbitration Act,
1940 ; the arbitration agreement on which the award was made
was not governed
