OPG POWER GENERATION PRIVATE LIMITED Vs. ENEXIO POWER COOLING SOLUTIONS INDIA PRIVATE LIMITED AND ORS.

JUDGEMENT

(1.) This common order will govern both the captioned 'Original Petitions' ('O.Ps' in plural and 'O.P' in singular for the sake of brevity) and the applications therein.

(2.) In this order, 'O.P.No.533 of 2020' shall be referred to as 'Senior OP' and 'O.P.No.562 of 2020' shall be referred to as 'Junior OP' (based solely on the sequence in which numbers have been assigned to captioned two O.Ps) for the sake of convenience and clarity. Both captioned O.Ps are directed against an 'Arbitral Award dated 13.07.2020 bearing reference ICC Case No.24449/HTG' (hereinafter 'impugned award' for the sake of convenience and clarity) made by a three member Arbitral Tribunal qua International Chamber of Commerce (ICC), which shall hereinafter be referred to as 'AT' denoting 'Arbitral Tribunal' for the sake of brevity, convenience and clarity.

(3.) There was a sole claimant and two respondents before AT. While senior OP has been presented in this court by the 'first respondent before AT' (hereinafter 'OPG' for convenience), junior OP has been presented by 'second respondent before AT' (hereinafter 'Gita' for convenience). This court is informed that OPG is a subsidiary of Gita which means that it is the holding company qua OPG. To be noted, the sole 'claimant before AT' (hereinafter 'Enexio' for convenience) is first respondent in both captioned O.Ps. In senior OP presented by OPG, Gita is the second respondent and in the junior OP presented by Gita, OPG has been arrayed as second respondent.