Bangladesh Energy Commission Act, 2003
Section 40(1) read with
Arbitration Act [1 of 2001]
Section 7(ka)-A dispute between the parties arose regrading terms and conditions of the contract and the dispute is required to be resolved by the commission as provided in Section 40(1) of the BERC Act, 2003.
The High Court Division held that the opposite party No. 1- petitioner floated a tender for installation of 105 MW power plants in Noapara, Jessore. The quantum participated in the tender process and the quantum entered into a contract with the BPDB on 04.02.2010 for installation of 105 MW Power Plant, and its operation and maintenance services and supply of electricity on rental basis for 3 years at Noapara, Jessore bearing Contract No. 09729. As per Article 8 of the said Contract, Quantum deposited Bank Guarantee No. PB/BG/075/2010 dated 18.02.2010 issued by A.B. Bank Limited at the instance of the Quantum in favour of BPDB. Section 40(1) of the Bangladesh Energy Regulatory Commission Act, 2003 ("BRC Act") provides provision for resolving dispute through commission, if there be any. Apparently, from the facts and circumstances of the case, the High Court Division finds that a dispute between the parties arose regrading terms and conditions of the contract and the dispute is required to be resolved by the commission as provided in Section 40(1) of the BERC Act, 2003. In view of the above, the High Court Division thinks that it would be just and expedient if the High Court Division directs the parties to resolve the dispute through commission as early as possible. Taking into consideration the above, the High Court Division is inclined to dispose of the Rule. Accordingly, the Rule is disposed of. The Judgement and order dated 26.09.2013 passed by the learned District Judge, Dhaka in Arbitration Misc. Case No. 220 of 2013 is hereby set aside. The parties are directed to resolve their dispute through the Commission under section 40(1) of the Bangladesh Energy Regulatory Commission Act, 2003 immediate after receipt of this judgment and order. Bangladesh Power Development Board (BPDB). Vs. Quantum Power system Limited. (Civil) 15 ALR (HCD) 187- 189
