Siemens Aktiengesellschaft, Mumbai vs Ddit (It) 2(1), Mumbai on 7 June, 2024
IN THE
Ddit (It) 2(1), Mumbai vs Siemens Ag, Mumbai on 7 June, 2024
IN THE
requested NTPC to clear the final bill which it had
forwarded to NTPC, ignoring the NDC. On NTPC ... doing so,
Reshmi invoked arbitration. The request for referring the dispute to
arbitration was not outrightly rejected by NTPC. The dispute
jurisdiction under the Act.
....
43. In its reply to the arbitration petition, NTPC specifically pointed
out that SPML never raised any claims ... 2024 at 20:33:27
completely false. NTPC alleged that the arbitration petition lacked
bona fide.
44. A simple narration
Court to exercise
its powers under Section 11 to appoint an arbitrator.
a. Pre-BALCO Regime.
29. In National Thermal Power Corporation v. Singer Company ... applicable to such arbitration proceedings. The relevant observations
read as under: -
“2. The National Thermal Power Corporation (the
‘NTPC’) appeals from
power project situated at
Vishakhapatnam. SPML furnished bank guarantees to the tune of ₹
14,96,89,136/- to secure NTPC. NTPC ... SPML raised a demand of ₹
72,01,53,899/- on NTPC. NTPC, naturally, did not release the bank
guarantees
Respondent 1 is BJCL, Respondent 2 is National Thermal
Power Corporation4 which is the owner of the site at which the project
is being undertaken ... agreed to the disputes
between the parties being referred to arbitration.
12. NTPC and BHEL, however, oppose their inclusion in the
arbitral
sole arbitration of the General Manager of NTPC limited
(Formerly National Thermal Power Corporation Ltd.)., and if the
General Manager is unable ... NTPC limited (Formerly National Thermal
Power Corporation ltd.)., is an employee of NTPC limited (formerly
National Thermal Power Corporation
money awarded by the arbitrator in the arbitration proceedings between the
respondent and NTPC, had been paid to the respondents.The petitioner ... been annexed. The question as to whether
during pendency of the arbitration between NTPC and the respondent, the
petitioner's claim
JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
ARBITRATION PETITION No. 6 OF 2020
Shilpi Engineering Private Ltd .. Petitioner
Versus
NTPC Limited .. Respondent ... January 2024.
The notice invoking arbitration is forwarded by the
petitioner to NTPC Limited on 21/2/2019, where the claim