APAAR INFRATECH PVT LTD. Vs. NHPC LIMITED

JUDGEMENT

(1.) After some hearing, learned counsel for the parties Dr. Chandra Shekhar on behalf of the petitioner and Mr. Puneet Taneja on behalf of the respondent NHPC are agreeable to the disputes being referred to arbitration, in accordance with Clause 55.2.2 of the General Conditions of Contract (GCC) governing the agreement between the parties, and for the present petition to be treated as an application under Section 17 of the Arbitration and Conciliation Act, 1996 ('the 1996 Act'), to be decided by the Arbitral Tribunal.

(2.) Clause 55.2.2 of the GCC contemplates arbitration by the SCOPE Forum of Conciliation and Arbitration (SFCA), New Delhi in accordance with the Rules of Arbitration of the SFCA and the provisions of the 1996 Act.

(3.) In view thereof, this petition is disposed of by referring the disputes between the parties, as set out in the petition, to arbitration under the aegis of the SFCA and as per its rules, regulations and procedure. The fees of the Arbitral Tribunal would also be fixed by the SFCA.