- Research/Scholar Paper name – “Supreme court judges at loggerheads: SEPCO Electric power construction corporation v. Power Mech projects Ltd.”
- Author: Pragya Nawandar
- Institution: Maharashtra National Law University, Aurangabad
- Affiliation: Centre for Study of Dispute Resolution
- Date of Publication: 18/05/2022
Abstract:
Recently, Justice. Indira Banerjee and J. Ramasubramanian sat on a division bench to decide SEPCO Electric power Construction Corporation v. Power Mech projects Ltd and gave contrary judgment leaving the decision to CJI. This case is an arbitration case, when it knocked the courts of India it amounted to exponential delay because of a trivial typological error. This case shows the need to shift to ADR and hopefully grant more authority to arbitrators. It faced international criticism as not accepting bank guarantees from foreign banks even after complying with all Indian laws was seen as a restrictive and biased move. This article will give an in-depth analysis of the case and try to provide solutions to avoid such trivial problems in the future.