Sandeep Sharma, J
1. Being aggrieved and dissatisfied with issuance of letter dated 22.2.2018 (Annexure P-3), whereby petitioner has been directed to pay the liquidated
damages to the tune of Rs. 29,69,06,957.60/-, as determined by the respondent-Himachal Pradesh Power Corporation Ltd., on the tendered amount of
work shown in the agreement within a period of one month, failing which such amount shall be adjusted or set off against any sum payable to it under
this or any other contract with HPPCL, petitioner has approached this Court in the instant proceedings filed under Section 9 of the Arbitration and
Conciliation Act, seeking appropriate direction restraining the respondents from encashing/enforcing the bank guarantees furnished in favour of the
respondents.
2. Having heard learned counsel for the parties and perused material available on record, this Court finds that there is no dispute inter-se parties that
arbitral Tribunal stands constituted to adjudicate the dispute inter-se parties arising out of the contract agreement No. Kashang/Civil-I for the work
“Construction of Civil works comprising River diversion, Intake Structure, Conveyance Channel, De-silting basins, Power Channel, Head race
Tunnel, Underground Balancing reservoir, Pressure Shaft, Valve Chamber, Adit to Valve Chamber/Balancing Reservoir, Civil works of underground
Power House/Transformer Hall including various adits in power House complex and tail race tunnel complete in all respects of Kashang HEP (65MW
x 3 units) in Distt. Kinnaur, Himachal Pradesh, India-Intimation regarding levy of Liquidity Damages under Sub Clause 8.7 of GCC read with PCC of
said Contract Agreement†and petitioner is aggrieved of communication dated 22.2.2018, which has been issued with respect to aforesaid contract.
Since dispute with regard to aforesaid contract is pertaining to Kashang project and same is pending adjudication before the Arbitral Tribunal, present
petition is not maintainable; rather petitioner is required to approach the arbitral Tribunal seeking injunction against the aforesaid letter, if so advised.
3. Consequently, in view of the above, present petition is disposed of reserving liberty to the petitioner to approach the Arbitral Tribunal for the reliefs
as have been prayed for in the instant petition. Needless to say, Arbitral Tribunal shall consider the prayer of the petitioner in accordance with law.
Pending application(s), if any, also stand disposed of accordingly.
Copy dasti.
