DR.DHANANJAYA Y.CHANDRACHUD, J. - (1.) Leave granted.
(2.) This appeal arises from a judgment and order of a learned Single Judge of the High Court of Madhya Pradesh dated 30 November 2016 where it appointed an Arbitrator in the dispute between the parties, in an application 1 filed by the respondent under Section 11(6) of the Arbitration and Conciliation Act 1996 2. 1 'AC No. 1 of 2015'. 2 '1996 Act'.
(3.) The genesis of the matter is from when the Madhya Pradesh Electricity Board 3, entered into a Power Purchase Agreement 4 on 20 May 1999 with the respondent. Under the PPA, the respondent was to establish a mini hydro-electric project on a built and operate basis. However, the PPA was terminated on 27 September 2001 by the Board. The respondent initially filed a writ petition 5 challenging the termination of the PPA. The High Court, by its order dated 4 November 2009, declined to entertain the petition in view of an arbitration agreement contained in Clause 12.3 6 of the PPA. Thereafter, the respondent filed a review petition 7 which was dismissed by the High Court by an order dated 10 December 2009. 3 'Board'. 4 'PPA'. 5 'WP No. 2642 of 2002'. 6 '12.3 Arbitration: (a) If dispute cannot be salted within Thirty (30)days mutual discussions as (sic) by section 12.1 and (sic) to Conciliation is not elected by the Parties pursuant to Section 12.2 of if a Parties so requests in accordance with Section 12.2 the Dispute shall in dally be settled by an Umpire to be appointed by two arbitrators one to be appointed by the Board and other by the Company Provisions of the Indian Arbitration and Conciliation Act 1996 9or any enactment that replaces the said Act) shall apply in such arbitrator. The arbitration proceedings shall be held at head Quarter of the Board i.e. at Jabalpur. (b) The award rendered shall apportion the costs of the arbitration. (c) The award rendered in any arbitration commended here under shall be final conclusive and binding upon the Parties and award may be entered in any Court having jurisdiction as darned under article 15.1.' 7 'Review Petition No. 716 of 2009'.;