Talwandi Sabo Power Limtied v. Punjab State Power Corporation Ltd. And ANR

2023:PHHC:129299 In the High Court for the States of Punjab and Haryana At Chandigarh CR-4047-2022 (O&M) Date of Decision:-5.10.2023 Talwandi Sabo Power Limited ... Petitioner

Versus

Punjab State Power Corporation Limited ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Chetan Mittal, Senior Advocate with Mr. Kunal Mulwani, Advocate;

Mr. Satyveer Singh, Advocate and Mr. Ritik Garg, Advocate for the petitioner.

Mr. Aman Pal, Advocate for the respondent assisted by Ev. Parveer Jain, SE and Ev. Gurinder Singh, AEE. ***** GURVINDER SINGH GILL, J. (Oral) CM-18180-CII-2023 In view of the reasons mentioned in the application, the same is allowed and order dated 24.1.2018 annexed with the application is taken on record as Annexure P-23 subject to all just exceptions. CR-4047-2022 (Main Case) 1.

The petitioner assails order dated 14.1.2020 passed by learned Additional District Judge, Patiala acting as Commercial Court-I, Patiala (Annexure P-1) vide which an application filed by the petitioner under Section 29-A(5) of Arbitration and Conciliation Act, 1996 seeking extension of time for Pankaj Kakkar 2023.10.05 17:58 I attest to the accuracy and authenticity of this document

CR-4047-2022 (O&M) ( 2 ) 2023:PHHC:129299 concluding arbitration, has been held to be not maintainable while observing that it is only PSERC, which has the jurisdiction to deal with such an application.

2.

Learned counsel representing the respondent, upon instructions from Ev. Parveer Jain, SE and Ev. Gurinder Singh, AEE, has submitted that the respondent has no objection in case the impugned order is set aside and the matter is remanded back to the Court of learned Additional District Judge, Patiala acting as Commercial Court-I, Patiala for a fresh decision on merits. 3.

Learned counsel representing the petitioner has no objection for the same. 4.

In view of the aforestated position, the impugned order dated 14.1.2020 (Annexure P-1) is set aside. The parties are directed to appear before the Court of learned Additional District Judge, Patiala acting as Commercial Court-I, Patiala on 18.10.2023. The Court concerned is directed to consider and dispose of the application under Section 29-A of Arbitration and Conciliation Act, 1996 expeditiously on merits preferably within a period of one month from date of appearance of parties. 5.

The instant petition stands disposed off accordingly. 5.10.2023 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No Pankaj Kakkar 2023.10.05 17:58 I attest to the accuracy and authenticity of this document