Madhya Pradesh Vidyut Sudhar Adhiniyam, 2000
Chapter X ARBITRATION AND APPEALS
Chapter X ARBITRATION AND APPEALS
39. Arbitration by Commission
(1)
- (a) Notwithstanding any thing to the contrary contained in the Arbitration and Conciliation Act, 1996 (No. 26 of 1996) or any other law relating to arbitration, any dispute arising between licensees shall be referred to the Commission.
- (b) The Commission may proceed to act as arbitrator and make an award or nominate arbitrators to adjudicate and settle the dispute.
- (c) The practice and procedure to be followed in connection with any such adjudication and settlement shall as may be prescribed by the regulations.
- (2) Where the award is made by the arbitrator appointed by the Commission it shall be filed before the Commission and the Commission may pass appropriate orders on the award including, orders to:--
- (a) confirm and enforce the award;
- (b) set aside or modify the award; or
- (c) remit the award for re considerations by the arbitrator.
- (3) The award given by the Commission, or the order passed by the Commission under sub-section (2), shall be a decision or order of the Commission and shall be appealable as provided in this Act.
- (4) An award given by the Commission, or an order passed by the Commission under sub-section (2), shall be enforceable as if it were a decree of the Civil Court.
- (5) The Commission may make such interim orders as the Commission considers appropriate at any time before the commencement of proceeding or at any time during the pendency of the proceedings under this part.
Chapter X ARBITRATION AND APPEALS
40. Appeals from decision of Electrical Inspectors
Notwithstanding any thing to the contrary in the Indian Electricity Act, 1910 (No. 9 of 1910) or the Electricity (Supply) Act, No.54 of 1948, or any rule made thereunder, an appeal shall lie from the decision of an Electrical Inspector other than an Inspector of the Central Government or the Central Electricity Authority to the Commission.
Chapter X ARBITRATION AND APPEALS
41. Appeals against the orders of Commission
Any person aggrieved by any decision or order of the Commission passed under this Act may file an appeal to the High Court within sixty days from the date of Communication of the decision or orders of the Commission to the person on questions of law arising out of such order: Provided that the High Court may entertain an appeal within a further period not exceeding 90 days after the expiry of the period of sixty days if it is satisfied that the aggrieved person had sufficient cause for not preferring the appeal within the said period of sixty days.
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