TAMIL NADU ELECTRICITY BOARD Vs. VIDEOCON POWER LIMITED

JUDGEMENT

(1.) THE unsuccessful petitioner in both the Review Application and Original Petition before the learned single Judge viz., the Tamil Nadu Electricity Board is the Appellant in these appeals.

(2.) THE following points arise for consideration in these appeals (1) Whether the award under challenge is a foreign award or domestic award?(2) Whether the Original Petition filed under Section 34 is maintainable if the award is a foreign award?(3) Whether the petition filed under section 48 for enforcement of a foreign award is maintainable before this Court?(4) Whether an appeal is maintainable against the award passed under Section 48 of THE Arbitration and Conciliation Act, 1996?.

(3.) 1) MR. V.R. Reddy, learned senior counsel for the appellant Board would submit that the award in question is not a foreign award and it is a domestic award inasmuch as the two members have signed the award in Chennai where it was pronounced and in such event, petition under Section 34 of the Act to set aside the award is maintainable before this Court. He would further submit that the arbitral award is not a foreign award as envisaged under Section 44 of the Act and inasmuch as the award is domestic award, Part I of the Act would apply and in such case, petition under Section 34 of the Act to set aside the award is maintainable. He would further submit that the learned Judge has erred in not only coming to the conclusion that the award in question is a foreign award, but also Part I of the Act is not applicable and consequently, petition under Section 34 of the Act is not maintainable. The learned senior counsel would heavily rely upon the judgment reported in Venture Global Engineering v. Satyam Computer Services Ltd., and another (2008) 4 SCC 190) and contend that even in case of a foreign award, Part I of the Act is applicable. 5.2) He would also submit that the learned Judge ought not to have entertained the application under Section 48 of the Act filed at the instance of the Company for enforcement of the Award by treating the award as a foreign award. The learned senior counsel would extensively take us to Clause 17 of the Power Purchase Agreement and the various provisions of the Act in support of his submissions.