TALAIPALLI COAL MINING PVT. LTD. Vs. NTPC LIMITED

JUDGEMENT

(1.) Vibhu Bakhru, J, 1.The petitioner (hereafter 'TCMPL') has filed the present petition under Sec. 11(6) of the Arbitration and Conciliation Act, 1996 (hereafter the 'A&C Act') praying that an Arbitrator be appointed on behalf of the respondent (hereafter 'NTPC'), in accordance with Clause 23 of the Project Agreement. TCMPL had nominated its Arbitrator and it further prays that the two Arbitrators (one nominated by TCMPL and the other as may be appointed by this Court on behalf of NTPC), be directed to appoint the Presiding Arbitrator.

(2.) On 31/12/2015, NTPC had issued a Notice Inviting Tender (hereafter 'NIT') for the "Development and Operation of the Talaipalli Coal Block, State of Chhattisgarh, India" and for the appointment of a Mine Development Operator for the said Coal Block.

(3.) In terms of Sec. 11(6A) of the A&C Act, the scope of examination under Sec. 11 of the A&C Act is limited to the existence of the arbitration agreement. Admittedly, NTPC and TCMPL have not signed any agreement However, TCMPL claims that the parties are bound by the Project Agreement. It claims that in terms of Clause 6.4.4 of the ITB, the Project Agreement was deemed to have been executed between the parties on the issuance of the LoA by NTPC.