RELIANCE INFRASTRUCTURE LTD Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present revision petition has been filed challenging the order dated 24.9.2018 (Annexure P/24) passed by the Special Commercial Court, Gurgaon in Arbitration Case No.116. The petition was originally filed as Civil Writ Petition No.27320 of 2018. However, subsequently, the said civil writ petition was treated as a petition underArticle 227 of the Constitution of India vide order dated 22.10.2019.

(2.) The facts relevant to the present case are that pursuant to the bids invited by the respondent No.2, the petitioner herein was awarded by respondent No.2 an Engineering, Procurement & Construction Contract (EPC) for 2x600 MW Coal-fired Thermal Power Plant at Khedar, District Hisar (Haryana). A series of agreements dated 30.10.2007 were executed by the parties. In these agreements, Clause 6 related to Settlement of Disputes and Arbitration and reads as under :

(3.) Vide letter dated 1.7.2016 (Annexure P-5), the petitioner wrote to the Chief Engineer (Projects) of Haryana Power Generation Corporation Limited (respondent No.2 herein) enumerating therein certain disputes which had arisen and, in view thereof, requested that an Arbitrator be appointed by the Government of Haryana in such a manner that it does not give rise to justifiable doubts about the Arbitrator's independence and impartiality.