SAI ENGINEERING FOUNDATION Vs. HPSEB

JUDGEMENT

(1.) Hp Electricity Regulatory Commission, Shimla, appointed Shri D.N. Bansal (retired Engineer)/ Ex-Member of the HPSEB as the sole Arbitrator vide its order dated 25.2.2008, passed in petition No. 139/2007 titled M/s Sai Engineering Foundation Vs. HPSEB, for adjudication of dispute arose inter-se parties concerning the evacuation of power from the Titang Mini Hydel Project, Kinnaur. Aforesaid Arbitrator came to be appointed in terms of terms and conditions contained in Power Purchase Agreement dated 3.10.2000, signed between both the parties. Learned Arbitrator allowed the total sum of Rs. 53,26,732.00 without interest as compensation in favour of decree holder. None of the parties to aforesaid arbitration proceedings filed objections, if any, under Sec. 34 of the Arbitration and Conciliation Act, 1996 (in short "the Act"), laying therein challenge to award dated 30.5.2009, passed by the sole arbitrator and as such, same has attained finality.

(2.) On 8.7.2016, decree holder, filed an execution petition under Order 21 Rule 11 of Civil Procedure Code read with Sec. 36 of the Act, for the execution of award dated 30.5.2009, passed by the sole Arbitrator, however, subsequently, an application bearing OMP No. 375 of 2016, came to be filed on behalf of the decree holder, seeking therein following amendment:-

(3.) Though aforesaid prayer made on behalf of the decree holder was opposed by the Judgment Debtor, but this Court while returning finding that the entitlement of the decree holder to claim the post award interest and denial thereto by the Arbitral Tribunal is an arguable point, allowed the application and permitted Judgment Debtor to amend the execution petition. Aforesaid order was never laid challenge by the Judgment Debtor and as such, it attained finality qua both the parties.