XL ENERGY LIMITED Vs. MAHANAGAR TELEPHONE NIGAM LIMITED

JUDGEMENT

(1.) I A No. 10422/2017 (exemption)

(2.) The petitioner filed W.P. (C) No.4502/2007 on 6.6.2007 against invocation of the PBG's. This court vide order dated 6.6.2007 stayed the invocation of the PBG's. In the said Writ Petition vide order dated 20.5.2011 the Court referred the claim of the respondent to arbitration. However, the claim for penalty of only Rs.1,13,99,500/- was referred to arbitration as the balance claim of the respondent was held barred by limitation. However, in an appeal preferred by the respondent against the said order dated 20.5.2011, the Division Bench in LPA No.763/2011 by its order dated 19.9.2011 modified the order of the Single Judge and referred the entire claim of the respondent amounting to Rs.2,47,43,500/- to be adjudicated in accordance with law by the learned Arbitrator.

(3.) The learned Arbitrator on 16.3.2012 framed the following issues:-