GUJARAT URJA VIKASH NIGAM LTD v. ESSAR POWER LTD
Case at a glance
Provisions considered
- Electricity Act, 2003 ss. 32, 86(1)(f), 94(2), 158, 174, 175
- Arbitration and Reconciliation D Act, 1996 s. 11
- Arbitration and Conciliation Act, 1996 s. 11
- Consumer Protection Act, 2019
- Atomic Energy Act, 1962
- Railways Act, 1989
- Atomic Energy Act
- Conciliation Act, 1996
- Constitution of India art. 14
- Arbitrary and Conciliation Act, 1996 s. 11
Judgment
1.2 Section 86(1 )(f) of the 2003 Act, being a special provision, will override the general provision in Section 11 of the 1996 Act for arbitration of disputes between the licensee and generating companies. It is well settled that the special law overrides the general law. Hence, Section 11 of the 1996 Act has no application to the question as to who can adjudicate/arbitrate disputes between licensees and generati':lg companies, and only Section 86(1 )(f) shall apply in such a situation. This is also evident from Section G 158 of the 2003 Act. [para 28-29] [839-C-D]
1.3 It is well settled that where a statute provides for a thing to be done in a particular manner, then it has to be done in that manner and in no other manner. Section 86(1 )(f) provides a special manner of making references H ~ ,, .. -1 .. > t- 'i ... )- • e GUJARAT URJA VI KASH NIGAM LTD. v. ESSAR· POWER LTD. 825 ~ to an arbitrator in disputes between a licensee and a A generating company. Hence by implication all other methods are barred. [para 34] [841-8-C]
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.