HINDUSTAN ELECTRICALS Vs. HIMACHAL PRADESH STATE ELECTRICITY BOARD

JUDGEMENT

(1.) The Plaintiff is a registered partnership firm of which the Plaintiffs 2 to 4 are the partners The Plaintiff No. 1 had business dealing with Defendant No. 1, Himachal Pradesh State Electricity Board, hereinafter referred to as 'the Defendant Board'.

(2.) The Plaintiff contracted to supply distribution transformers to the Defendant No. 1. Six agreements in respect of six purchase orders came to be executed between the parties. On a dispute having arisen between the parties in relation to and in connection with the contract for the supply of transmission transformers, such dispute was referred to the sole arbitration of Engineer M.L. Gupta, Director (System Planning) Himachal Pradesh State Electricity Board, Shimla, vide office order dated 18-11-1991. The said arbitrator has been impleaded in the present case as Defendant No. 2.

(3.) The Plaintiffs by virtue of the present petition made under Section 33 of the Arbitration Act, 1940 have challenged the existence/validity of the arbitration agreements between the parties The following prayers have been made by the Plaintiffs: