M/S.Fly Ash Movers(India) Pvt.Ltd. v. The General Manager (C And M) And 2 Others

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) THURSDAY, THE 12TH DAY OF SEPTEMBER 2019 THE HON'BLE MRS. JUSTICE PUSHPA SATHYANARAYANA A. No.5899 of 2019 In the matter of Arbitration and Conciliation Act, 1996 And In the matter of Arbitration of agreement (Letter of Award dated 05.04.2018) between NTECL and M/s.Fly Ash Movers (India) Private Limited.

M/S.FLY ASH MOVERS(INDIA) PVT.LTD.

REP.BY ITS DIRECTOR ANAND KHEMKA L 2 KHEMKA HOUSE VIDYA NAGAR, BILASPUR 495 004 CHHATTISGARH ..Applicant -vs1.THE GENERAL MANAGER (C AND M)RS NTPC TAMIL NADU ENERGY COMPANY LTD VALLUR THERMAL POWER PROJECT VELLIVOYAL CHAVADI POST PONNERI TALUK CHENNAI 600 103.

2. THE ADDITIONAL GENERAL MANAGER (C AND M) NTPC TAMILNADU ENERGY COMPANY LTD VALLUR THERMAL POWER PROJECT VELLIVOYAL CHAVADI POST PONNERI TALUK CHENNAI 600 103.

3. THE SENIOR MANAGER (C AND M) NTPC TAMILNADU ENERGY COMPANY LTD, VALLUR THERMAL POWER PROJECT VELLIVOYAL CHAVADI POST PONNERI TALUK CHENNAI 600 103.

..Respondents Application praying that this Hon'ble Court be pleased to direct the respondent to extent the period of supply Fly Ash by 3 months as per Clause 4.0 in LOA NO.NTECL/CM/LS-3139/LOA 2997 dated 2.4.2018.

This Application coming on this day before this https://hcservices.ecourts.gov.in/hcservices/ court for hearing the court made the following order:

/ 2 / As per clause 4.0 letter of award dated 05.04.2018 the period of supply will be for a period of one year, extendable for a period of six months at the same rate, terms and conditions on mutual consent. The application is sought for extension of supply for a period of three months as per clause 4.0 in LOA No.NTECL/CM/LS-3139/LOA 2997 dated 04.01.2018. As said earlier it is only mutually agreeable term for supply of Fly Ash. The learned counsel for the respondents pointed out that though the applicant ordered required quantity of 5.90 lakh metric tonne, they could only do 4.5 lakh metric tonne and it is also pointed out that the respondents company have to suffer penal consequences before the National Green Tribunal because of the conduct of the applicant for non-compliance of the terms agreed upon. Hence the respondents are unwilling to extend the period for supply of Fly Ash, as it is only mutually agreed term and now there is no mutual consent. Accordingly the period for supply of Fly Ash cannot be extended and the application stands dismissed. Sd/.P.S.N.J.

12.09.2019 //Certified to be a true copy// Dated this the day of 2016.

su/30.09.2019 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.

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