(1.) The appellant/applicant, Haryana Power Purchase Centre (hereinafter referred to as the `HPPC) has filed this appeal under Section 37 (1) (a) of the Arbitration and Conciliation Act, 1966 seeking inter-alia to set aside the order dated 19th February, 2010 passed in OMP No.25 of 2010 filed by the P.T.C. India Ltd. against the Jaypee Karcham Hydro Corporation Ltd. (hereinafter referred to as `the JKHCL) under Section 9 of the Arbitration and Conciliation Act, 1966. The appellant/applicant has also sought a direction to PTC India Ltd., respondent No.1 and JKHCL, respondent No.2 to approach Central Electricity Regulatory Commission (hereinafter referred to as `CERC') and to make an interim arrangement for three weeks for continuation of order dated 29th January, 2010 passed by the Division Bench in FAO (OS) No.73 of 2010 whereby Single Judge was directed to dispose off the matter expeditiously and the counsel for JKHCL had stated that the said company shall not enter into any agreement with any other party for the sale of power, so as to allow the HPPC to approach the CERC and to obtain the order under Section 94 (2) of the Electricity Act, 2003.
(2.) By order dated 19th February, 2010, the application filed by the PTC India Ltd. under Section 9 of the Arbitration and Conciliation Act, 1966, seeking stay of termination of PPA (Power Purchase Agreement) by JKHCL and directions against the JKHCL from entering into any agreement for sale of power with any other party, was dismissed by the learned Single Judge by the said order.
(3.) In the said petition under Section 9 of the Arbitration and Conciliation Act, 1966 being OMP No.25 of 2010, titled as `PTC India Ltd. v. JKHCL', an application for impleadment of the appellant/applicant, HPPC under Order I Rule 10 (2) read with Section 151 of the Code of Civil Procedure dated 19th February, 2010 was also filed. In the application, the appellant/applicant contended that it had entered into a power sale agreement dated 25th September, 2006 for the purpose of 200 MW of power from PTC India Ltd. in which power was to be procured by the PTC India Ltd. under the Power Purchase Agreement dated 25th March, 2006 from JKHCL.