In Brief
Madhya Pradesh Electricity Board and another appealed against a High Court order appointing an arbitrator under Section 11(6) of the Arbitration and Conciliation Act 1996 to settle a power purchase agreement dispute with respondent. The Board argued the State Electricity Commission had exclusive jurisdiction under Section 86(1)(f) of the Electricity Act 2003. The Supreme Court held that Section 86(1)(f) is a special provision overriding Section 11, vesting exclusive jurisdiction in the State Commission for disputes between licensees and generating companies. Lack of subject matter jurisdiction cannot be cured by party consent and can be raised at any stage. The Court allowed the appeal and set aside the High Court's order, leaving the respondent to pursue remedies available under applicable law.
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