STATE OF GOA Vs. RELIANCE INFRASTRUCTURE LTD

JUDGEMENT

(1.) Heard Mr. D. Pangam, learned Advocate General with Mr. Deep Shirodkar, learned Additional Government Advocate for the Appellant, and Mr. J. J. Bhat learned Senior Advocate with Ms. A. Chandurkar and Mr. Bhargav Khandeparkar, learned Advocates for the Respondents.

(2.) This appeal is instituted under Section 13 of the Commercial Courts, Commercial Division and Commercial Appellate Divisions of High Courts Act, 2015 (Commercial Courts Act) challenging the judgment and order dated 12th September 2019 ( impugned judgment and order ) made by the Principal District Judge, North Goa, Panaji Goa (Commercial Court) dismissing the Appellant's application under Section 34 of the Arbitration and Conciliation Act, 1996 ( Arbitration Act) questing the arbitral Award dated 16th February 2018 ( impugned Award ) made by the learned sole Arbitrator concerning the disputes arising out of Power Purchase Agreement dated 10th January 1997 (PPA) and Supplementary Power Purchase Agreements dated 10th September 1997, 20th September 2000 and 5th November 2001.

(3.) The Respondent, by filing its statement of claim on 14th January 2016 before the learned Arbitrator, had raised a claim in an amount of Rs. 280.50 crores, as against the Appellant. The Appellant, in its statement of defence along with counterclaim filed before the learned Arbitrator on 29th February 2016 denied the claim of the Respondent and raised a counterclaim, without specifying any precise amount. However, the statement of defence and counterclaim was amended by the Appellant quantifying counterclaim at Rs. 1241 crores.