The case arose from a July 3 order of the Rajasthan Excessive Court docket appointing Justice Mishra as the only real arbitrator to adjudicate disputes between PKCL and RRVUNL. Appearing Chief Justice Sanjeev Prakash Sharma had made the appointment after noting that an arbitrator had already been appointed in the same dispute.
Nevertheless, RRVUNL objected to the identical, citing Justice Mishra’s involvement as a Supreme Court docket decide in an earlier dispute underneath the settlement. The sooner dispute regarding value escalation, fastened prices and an escrow account had resulted in an arbitral award in 2015. After the Rajasthan Excessive Court docket interfered with the award, the matter reached the Supreme Court docket.
In Might 2019, a Bench of Justices Arun Mishra and MR Shah partly allowed PKCL’s appeal. The judgment, authored by Justice Shah, restored the arbitral award on value escalation however upheld the setting apart of PKCL’s claims in direction of ₹78 crore in fastened prices and cash mendacity in an escrow account.
This was flagged by RRUVNL within the current proceedings.
