Punjab State Power Corporation Ltd. v. M/S Sangrur Industrial Corporation Ltd, District Sangrur

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CR-1923-2021 Date of decision: 23.09.2021 PUNJAB STATE POWER CORPORATION LTD.

...Petitioner

Versus

M/S SANGRUR INDUSTRIAL CORPORATION LTD, DISTRICT SANGRUR

...Respondents

CORAM: HON'BLE MR. JUSTICE ARUN MONGA

Present:

Mr. Abhilaksh Grover, Advocate, for the petitioner.

(Presence marked through video conference).

*** ARUN MONGA, J. (ORAL) Impugned herein is an order passed by the Executing Court whereby the execution petition for implementation of an arbitral award dated 31.03.2015 rendered by Er. V.K. Gupta, Ex Chief Engineer, Sole Arbitrator has been dismissed observing inter alia that the award, being vague, is not implementable.

Looking at the award, it does seem that execution petition has been rightly dismissed.

Confronted with the situation, learned counsel for the petitioner submits that he be granted liberty to approach the learned Arbitrator to seek clarification/modification of the award, which he argues is otherwise in favour of the petitioner.

Be that as it may, given the nature of order being passed and since no prejudice would be caused to the respondents, the requirement of notice of motion is being dispensed with.

VANDANA 2021.09.23 17:30 I attest to the accuracy and integrity of this document

Without commenting on the merits of the award, petition is disposed of with liberty to the petitioner to approach the learned Arbitrator to seek whatever clarification/modification it desires. It is made clear that the proposed application to be filed by the petitioner-corporation before the arbitral tribunal shall not be dismissed on the ground of delay and would be decided on merits, provided the same is filed within 30 days from today.

Disposed of accordingly.

23.09.2021 (ARUN MONGA) vandana JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No VANDANA 2021.09.23 17:30 I attest to the accuracy and integrity of this document