MAHARASHTRA STATE ELECTRICITY DISTRIBUTION COMPANY LIMITED Vs. GODREJ AND BOYCE MANUFACTURING COMPANY LIMITED

JUDGEMENT

(1.) By this petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 (for short "the Arbitration Act"), the petitioner has impugned the arbitral award dated 15th February 2019 and Minutes of Meeting dated 9th February 2019 thereby rejecting an interim application filed by the petitioner for an interim award under Section 31(6) of the Arbitration Act praying for rejection of reference filed by the respondent herein (original claimant). Some of the relevant facts for the purpose of deciding this petition are as under :-

(2.) On or about 10th September 2008, the petitioner had invited bids for various tenders on zone wise/circle wise basis for various works. Pursuant to the said invitation of the bid, the respondent as a lead partner in Joint Venture (JV) with Electropath Services (India) Private Limited submitted its offer along with the requisite supporting documentation on 20th October 2008. On 11th October 2008 and 4th July 2009, the respondent and the said Electropath Services (India) Private Limited entered into a Joint Venture Agreement on the terms and conditions recorded therein. On 13th October 2008 and 19th July 2009, the respondent and the said Electropath Services (India) Private Limited executed Memorandum of Understandings (MOUs). The petitioner issued a Letter of Award in favour of the said JV in respect of various works. On 8th June 2009, the petitioner executed a Contract with the JV of the respondent and Electropath Services (India) Private Limited.

(3.) The dispute arose between the parties on 25th July 2017. The respondent invoked arbitration agreement. The respondent thereafter filed an arbitration application bearing No.13 of 2018 in this Court under Section 11(6) of the Arbitration Act inter alia praying for the appointment of an arbitrator. The said Electropath Services (India) Private Limited was not a party to the said arbitration application filed by the respondent on 28th December 2017. On 8th February 2018 and 23rd February 2018, the petitioner responded to the said notice invoking arbitration agreement by the respondent.