W P I L Vs. NTPC LTD

JUDGEMENT

(1.) THE present common order will disposed off several applications by the parties, viz I. A. 2803/2006, under Section 8 of the Arbitration and conciliation Act (hereafter 'the Act'); I. A. 14366/06 under Order I, Rule 10 and I. A- 14367/06, under Section 45 of the Act.

(2.) THE brief facts necessary to dispose of the applications are summarized as follows. Pursuant to the first defendant's (hereafter "the ntpc") invitation for bids for supply of a cooling water system package, for its SIPAT Thermal Power Project, Stage 1, Bilaspur at Chahatisgarh, the plaintiff submitted its bid. In terms of Clauses 7. 1 and 7. 3, of the instruction for Bidders ("ifb", which, together with the terms of the bid, general terms and conditions, etc, formed the tender documents) a bidder could club the experience of associates, to enable fulfillment of eligibility conditions as regards previous experience in constructing similar works (and specified works, under the tender documents ). One condition was that in such cases, if another concern was involved as an associate, it had to submit a Joint deed of Undertaking (JDU) to the NTPC.

(3.) THE second defendant (hereafter 'alstom') entered into an agreement with the plaintiff on 19. 08. 2004 (hereafter "the Project Agreement" ). Clause