Supreme Court · 2008 INSC 352 · Decided 13 March 2008
Gujarat Urja Vikash Nigam LTD. v. Essar Power LTD.
- Court
- Supreme Court of India
- Citation
- 2008 INSC 352 · [2008] 4 S.C.R. 822
- Case number
- CIVIL APPEAL No. 1940/2008
- Decided
- 13 March 2008
- Bench
- H.K. SEMA, MARKANDEY KATJU (2-judge bench)
- Outcome
- Disposed off
- Case type
- Civil
- Acts & sections cited
- Arbitration Act; Electricity Act
Headnote
4 S.C.R. 822 A GUJARAT URJA VIKASH NIGAM LTD. J- ~: v. ESSAR POWER LTD. (Civil Appeal No. 1940 of 2008) ~ B MARCH 13, 2008 (H.K. SEMA AND MARKANDEY KAT JU, JJ.) Electricity Act, 2003: ~ s. 81(1)(f) rlw ss. 158, 173 and 174 - Disputes between c licensees and generating Companies - HELD: Are to be means 'or' - s. 11 of Arbitration and Reconciliation D Act, 1996 has no application in such matters - Section 86( 1 )(f) being a special provision will override the general provision in s.11 of 1996 Act - However, s.86(1)(f) is only restricted to )., authority which is to adjudicate or
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