BGR MINING AND INFRA LIMITED Vs. NTPC LIMITED

JUDGEMENT

(1.) CM APPL.16710/2022 and CM APPL.16951/2022 have been filed on behalf of the Appellants seeking condonation of delay in preferring the LPA 237/2022 and LPA 242/2022 respectively against the Impugned Common Judgment dtd. 8/1/2020, passed by the Ld. Single Judge in W.P.(C) 12068/2019 and W.P.(C)12077/2019. The instant appeals bearing LPA 237/2022 and LPA 242/2022 have been filed on 31/3/2022 and 1/4/2022 respectively.

(2.) The material on record reveals that prior to the dismissal of the Writ Petitions bearing W.P.(C) 12077/2019 and W.P.(C) 12068/2019 by the Ld. Single Judge vide Judgment dtd. 8/1/2020, the Adjudicator as envisaged under Clause 23 of the Project Agreements for resolution of disputes had been appointed by Respondent No. 1, vide letter dtd. 18/9/2019. Since the attempt to settle the dispute before the Adjudicator failed, Arbitration proceedings commenced before the Ld. Tribunal as envisaged under the Project Agreements.

(3.) After dismissal of the Writ Petitions bearing W.P.(C) 12077/2019 and W.P.(C) 12068/2019 by the Ld. Single Judge vide Judgment dtd. 8/1/2020, the Respondents filed an application under Sec. 16 of the Arbitration and Conciliation Act, 1996 before the Ld. Arbitral Tribunal contending that the banning order which was a subject matter of the proceedings before this Court, it cannot be adjudicated before the Tribunal too. The banning order was the subject matter of challenge in W.P.(C) 12077/2019 and W.P.(C) 12068/2019 which has been dismissed by the Ld. Single Judge vide Judgment dtd. 8/1/2020. The Tribunal vide its Order dtd. 29/10/2021 rejected the application filed under Sec. 16 of the Arbitration and Conciliation Act, 1996. Pursuant to the dismissal of the application under Sec. 16 of the Arbitration and Conciliation Act, 1996, the Appellants filed review petitions bearing Review Petition No. 212 of 2021 in W.P. (C) No. 12077/ 2019 and Review Petition No. 211 of 2021 in W.P. (C) No. 12068/ 2019 before this Court, these were rejected by the Ld. Single Judge vide Order dtd. 17/12/2021.