The appellant, Ujaas Energy Ltd., a corporate debtor, challenged a High Court order that set aside a Single Judge's decision. The Single Judge had previously dismissed a challenge to an interim arbitral award. The core dispute revolves around a counterclaim filed by the respondent, West Bengal Power Development Corporation Ltd., in arbitration proceedings. This counterclaim was not filed before the Resolution Professional during the appellant's Corporate Insolvency Resolution Process (CIRP) prior to the approval of the resolution plan.
The respondent floated an e-tender on 15th February, 2017, for the manufacture, procurement, installation, etc., of grid-connected rooftop solar PV power plants.
The appellant, an MSME, successfully participated in the bid process and was issued a Letter of Award (LOA) on 12th May, 2017.
On 17th September, 2020, the appellant was admitted into Corporate Insolvency Resolution Process (CIRP) under the Insolvency and Bankruptcy Code, 2016.
Due to disputes regarding contract performance, the appellant, through its resolution professional, invoked the arbitration clause on 31st December, 2021.
The appellant filed a statement of claim on 17th January, 2023, and the respondent filed its statement of defence and a counterclaim on 18th April and 12th May, 2023, respectively.
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West Bengal Power Development Corporation Ltd.…
A Letter of Award was issued in favour of…
The appellant, Ujaas Energy Ltd., a corporate debtor, challenged a High Court order that set aside a Single Judge's decision. The Single Judge had previously dismissed a challenge to an interim arbitral award. The core dispute revolves around a counterclaim filed by the respondent, West Bengal Power Development Corporation Ltd., in arbitration proceedings. This counterclaim was not filed before the Resolution Professional during the appellant's Corporate Insolvency Resolution Process (CIRP) prior to the approval of the resolution plan.
The respondent floated an e-tender on 15th February, 2017, for the manufacture, procurement, installation, etc., of grid-connected rooftop solar PV power plants.
The appellant, an MSME, successfully participated in the bid process and was issued a Letter of Award (LOA) on 12th May, 2017.
On 17th September, 2020, the appellant was admitted into Corporate Insolvency Resolution Process (CIRP) under the Insolvency and Bankruptcy Code, 2016.
Due to disputes regarding contract performance, the appellant, through its resolution professional, invoked the arbitration clause on 31st December, 2021.
The appellant filed a statement of claim on 17th January, 2023, and the respondent filed its statement of defence and a counterclaim on 18th April and 12th May, 2023, respectively.
…West Bengal Power Development Corporation Ltd.…
A Letter of Award was issued in favour of…