MADHYANCHAL VIDYUT VITRAN NIGAM LTD. Vs. SHASHI CABLE

JUDGEMENT

(1.) Heard Sri Manish Jauhari, learned Counsel for the petitioner and Sri J.N. Mathur, learned Senior Counsel assisted by Sri Amit Kumar Singh and Sri Utkarsh Srivastava, learned Counsel for the sole respondent.

(2.) The short question involved in the present petition pertains to the territorial jurisdiction of the court for execution of an award.

(3.) The facts in brief are that the petitioner and the respondent entered into an agreement on 29/12/2016 for supply of Conductor through Purchased Order No.3366 and thereafter, in pursuance to the said order, an agreement dtd. 2/7/2018 was also entered into. In terms of the said agreement, certain payments are to be made on the basis of supply made by the respondent to the petitioner. The dispute occurred with regard to the payment of the pending bill raised by the respondent. An application was moved by the respondent on 18/2/2020 claiming an amount of Rs.15,27,30,879.00 along with interest thereupon quantified at Rs.4,88,82,916.00 through an application before the U.P. State Micro and Small Enterprises Facilitation Council, Kanpur (in short 'the Council"). The petitioner herein put his appearance before the Council situate at Kanpur, Uttar Pradesh and contested the claim. The Council proceeded to pass an award/order vide order dtd. 27/1/2022 against the petitioner directing to deposit total amount of Rs.9,97,58,764.00 in favour of the respondent, which was directed to be paid as per the provisions of the 'Act 27/2006' on the delayed payment. The said award is on record as Annexure-5 to the writ petition.