LAWS(DLH)-2025-1-160

NTPC LIMITED Vs. JINDAL ITF LIMITED

Decided On January 30, 2025
NTPC LIMITED Appellant
V/S
Jindal Itf Limited Respondents

JUDGEMENT

(1.) The present petition has been filed under Sec. 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the A&C Act') for setting aside an arbitral award passed by the learned Arbitral Tribunal dtd. 27/1/2019.

(2.) The Petitioner herein, i.e., NTPC, is a Government of India enterprise/company that generates power and has expertise in areas such as the operation and maintenance of power projects and also sale of power to various state utilities. The company imports coal through various ports, to meet the fuel requirements of its power stations across the country including the Farakka Thermal Power Plant.

(3.) Respondent no.1/ Claimant, i.e., Jindal ITF Ltd. (hereinafter called 'JITF'), is involved in the business of providing services for trans-loading and transportation of cargo through National Waterways. The Respondent no.2, i.e. Inland Waterways Authority of India (hereinafter called 'IWAI') is a statutory authority constituted by the Government of India under the IWAI Act, 1985. It was established to undertake the development and regulation of Inland Waterways in the country along with the overall responsibility to develop and maintain National Waterways as well as coordination of Inland Waterways Transport (IWT) with other modes. IWAI/Respondent no.2 herein, was a proforma party in the said arbitration proceedings.