w w w . L a w y e r S e r v i c e s . i n



M/s. SB Adithya Power Projects Pvt Ltd, Rep. by its Director, Sheik Bareed v/s M/s. Siemens Gamesa Renewable Pvt. Ltd, [Previously known as Gamesa Renewable Pvt.Ltd and before that known as Gamesa Wind Turbines Ltd], Rep. by its Managing Director, Chennai


Company & Directors' Information:- U. P. POWER CORPORATION LIMITED [Active] CIN = U32201UP1999SGC024928

Company & Directors' Information:- D B POWER LIMITED [Active] CIN = U40109MP2006PLC019008

Company & Directors' Information:- SIEMENS GAMESA RENEWABLE POWER PRIVATE LIMITED [Active] CIN = U74991TN2006PTC079179

Company & Directors' Information:- INDIA POWER CORPORATION LIMITED [Active] CIN = L40105WB1919PLC003263

Company & Directors' Information:- INDIA POWER CORPORATION LIMITED [Amalgamated] CIN = U40101WB2003PLC097340

Company & Directors' Information:- SIEMENS LIMITED [Active] CIN = L28920MH1957PLC010839

Company & Directors' Information:- B L A POWER PRIVATE LIMITED [Active] CIN = U40102MH2006PTC165430

Company & Directors' Information:- C AND C PROJECTS LIMITED [Active] CIN = U74999HR2007PLC036644

Company & Directors' Information:- L V S POWER PRIVATE LIMITED [Active] CIN = U40100TG1996PTC023552

Company & Directors' Information:- S L S POWER CORPORATION LIMITED [Active] CIN = U40109AP2005PLC047008

Company & Directors' Information:- S L V POWER PRIVATE LIMITED [Active] CIN = U40102KA2002PTC030448

Company & Directors' Information:- S. E. POWER LIMITED [Active] CIN = L40106GJ2010PLC091880

Company & Directors' Information:- K. P. WIND PRIVATE LIMITED [Active] CIN = U29299MH1998PTC116275

Company & Directors' Information:- E O S POWER INDIA PRIVATE LIMITED [Active] CIN = U32109MH1985PTC037094

Company & Directors' Information:- Y K M PROJECTS PRIVATE LIMITED [Active] CIN = U40109TG2008PTC057263

Company & Directors' Information:- D C POWER LIMITED [Strike Off] CIN = U40109TG1996PLC025996

Company & Directors' Information:- INDIA WIND POWER LIMITED [Active] CIN = U36999GJ1999PLC036635

Company & Directors' Information:- T G R PROJECTS INDIA PRIVATE LIMITED [Active] CIN = U45200KA2012PTC062702

Company & Directors' Information:- S G PROJECTS LIMITED [Active] CIN = U65999WB1990PLC049684

Company & Directors' Information:- WIND POWER LIMITED [Under Liquidation] CIN = U40108TN1995PLC030783

Company & Directors' Information:- B C C PROJECTS PVT LTD [Active] CIN = U74899DL2001PTC112102

Company & Directors' Information:- J K S PROJECTS LIMITED [Active] CIN = U45400WB2011PLC157565

Company & Directors' Information:- D M P PROJECTS PVT LTD [Active] CIN = U27109WB2006PTC107513

Company & Directors' Information:- T & T PROJECTS LIMITED [Active] CIN = U45201AS2008PLC008641

Company & Directors' Information:- W AND W PROJECTS PRIVATE LIMITED [Active] CIN = U65910DL1989PTC036754

Company & Directors' Information:- E M C PROJECTS PVT LTD [Active] CIN = U29248WB1964PTC026261

Company & Directors' Information:- N T POWER PROJECTS ( INDIA ) PRIVATE LIMITED [Active] CIN = U40300TG2015PTC099992

Company & Directors' Information:- H AND V PROJECTS PRIVATE LIMITED [Active] CIN = U72400DL2011PTC220047

Company & Directors' Information:- M A PROJECTS PRIVATE LIMITED [Active] CIN = U70101DL2005PTC135093

Company & Directors' Information:- POWER CORPORATION OF INDIA LIMITED [Amalgamated] CIN = U50101WB1997PLC084060

Company & Directors' Information:- S. V. S. PROJECTS PRIVATE LIMITED [Active] CIN = U70100AP1998PTC029024

Company & Directors' Information:- M V PROJECTS (INDIA) PRIVATE LIMITED [Active] CIN = U45202KA2008PTC045272

Company & Directors' Information:- S V S PROJECTS INDIA PRIVATE LIMITED [Active] CIN = U45200AP2015PTC096787

Company & Directors' Information:- A T E PROJECTS PRIVATE LIMITED [Active] CIN = U74999DL1999PTC102246

Company & Directors' Information:- U W T PROJECTS LIMITED [Active] CIN = U45200AP2004PLC043198

Company & Directors' Information:- B V POWER PRIVATE LIMITED [Active] CIN = U40106DL2011PTC213428

Company & Directors' Information:- J J PROJECTS PVT LTD [Active] CIN = U24231WB1986PTC040246

Company & Directors' Information:- Z H PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45400WB2012PTC184307

Company & Directors' Information:- K & J PROJECTS PRIVATE LIMITED [Active] CIN = U45203MH2004PTC150165

Company & Directors' Information:- T & I PROJECTS LTD [Active] CIN = L29130WB1984PLC038232

Company & Directors' Information:- B 2 R PROJECTS PRIVATE LIMITED [Active] CIN = U45400WB2013PTC189971

Company & Directors' Information:- R AND H POWER COMPANY PRIVATE LIMITED [Active] CIN = U51109UP1965PTC003067

Company & Directors' Information:- C M PROJECTS PRIVATE LIMITED [Active] CIN = U45201DL2004PTC130580

Company & Directors' Information:- N G PROJECTS LIMITED [Active] CIN = U45201GJ2003PLC042152

Company & Directors' Information:- E AND C PROJECTS PRIVATE LIMITED [Active] CIN = U29150DL2002PTC115297

Company & Directors' Information:- B R POWER LTD [Active] CIN = U40106WB1995PLC073567

Company & Directors' Information:- N M S POWER PRIVATE LIMITED [Active] CIN = U51109WB1999PTC089747

Company & Directors' Information:- B. D. R. PROJECTS PRIVATE LIMITED [Active] CIN = U45202TG1998PTC028780

Company & Directors' Information:- J T L PROJECTS PRIVATE LIMITED [Active] CIN = U70101KL2006PTC019439

Company & Directors' Information:- V AND S PROJECTS PRIVATE LIMITED [Active] CIN = U70109DL1996PTC079487

Company & Directors' Information:- L S R PROJECTS PRIVATE LIMITED [Strike Off] CIN = U07010KA2005PTC036041

Company & Directors' Information:- V R PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45400AP2007PTC054901

Company & Directors' Information:- D C R PROJECTS PRIVATE LIMITED [Active] CIN = U45209TG2007PTC056307

Company & Directors' Information:- P R B POWER PRIVATE LIMITED [Strike Off] CIN = U40101TG1995PTC020647

Company & Directors' Information:- RENEWABLE POWER PROJECTS LTD. [Under Liquidation] CIN = L29259GJ1986PLC008433

Company & Directors' Information:- R. R. PROJECTS PVT LTD [Active] CIN = U45200TG1982PTC003711

Company & Directors' Information:- S H PROJECTS PRIVATE LIMITED [Active] CIN = U74996DL2006PTC149971

Company & Directors' Information:- S V G POWER PRIVATE LIMITED [Active] CIN = U40300AP2012PTC084435

Company & Directors' Information:- S R PROJECTS INDIA PVT LTD [Active] CIN = U45207WB1981PTC033286

Company & Directors' Information:- L E PROJECTS PRIVATE LIMITED [Active] CIN = U45303WB2005PTC102555

Company & Directors' Information:- M. S. PROJECTS PRIVATE LIMITED [Active] CIN = U45400WB2009PTC131902

Company & Directors' Information:- J V PROJECTS PRIVATE LIMITED [Active] CIN = U74899DL1995PTC069037

Company & Directors' Information:- B N PROJECTS PRIVATE LIMITED [Active] CIN = U45201GJ2009PTC058067

Company & Directors' Information:- J P PROJECTS PRIVATE LIMITED [Active] CIN = U70109WB2011PTC165990

Company & Directors' Information:- R K PROJECTS PRIVATE LIMITED [Active] CIN = U74899DL1990PTC043660

Company & Directors' Information:- A B PROJECTS PRIVATE LIMITED [Active] CIN = U45200MH2004PTC149404

Company & Directors' Information:- A K PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45201TG1996PTC023179

Company & Directors' Information:- S N M PROJECTS PRIVATE LIMITED [Active] CIN = U70102UP2010PTC040243

Company & Directors' Information:- INDIA POWER PRIVATE LIMITED [Active] CIN = U31900DL1995PTC070096

Company & Directors' Information:- J AND H PROJECTS PRIVATE LIMITED [Active] CIN = U45200GJ2013PTC074010

Company & Directors' Information:- N S PROJECTS PRIVATE LIMITED [Active] CIN = U70101WB2007PTC117882

Company & Directors' Information:- H S PROJECTS PRIVATE LIMITED [Active] CIN = U45208DL2006PTC153706

Company & Directors' Information:- N M PROJECTS PRIVATE LIMITED [Active] CIN = U29219DL2009PTC186728

Company & Directors' Information:- K. V. PROJECTS PRIVATE LIMITED [Active] CIN = U70102WB2012PTC188439

Company & Directors' Information:- M POWER INDIA PRIVATE LIMITED [Active] CIN = U31908MH2012PTC234343

Company & Directors' Information:- K R S PROJECTS PRIVATE LIMITED [Active] CIN = U70102AP2012PTC082232

Company & Directors' Information:- B S C PROJECTS PRIVATE LIMITED [Active] CIN = U45200DL2011PTC227768

Company & Directors' Information:- J K PROJECTS PRIVATE LIMITED [Active] CIN = U45203GJ2001PTC039576

Company & Directors' Information:- F C C PROJECTS PRIVATE LIMITED [Active] CIN = U29248UP1982PTC005786

Company & Directors' Information:- S N PROJECTS LIMITED [Active] CIN = U85110KA1996PLC021040

Company & Directors' Information:- B. D. PROJECTS PRIVATE LIMITED [Amalgamated] CIN = U45400WB2010PTC147620

Company & Directors' Information:- C & I PROJECTS PRIVATE LIMITED [Active] CIN = U29100DL2010PTC209136

Company & Directors' Information:- C & I PROJECTS PRIVATE LIMITED [Active] CIN = U74140DL2010PTC209136

Company & Directors' Information:- C B PROJECTS PRIVATE LIMITED [Active] CIN = U70109WB1997PTC085237

Company & Directors' Information:- G G PROJECTS PRIVATE LIMITED [Active] CIN = U45201DL1998PTC091501

Company & Directors' Information:- V M G PROJECTS (INDIA) PRIVATE LIMITED [Strike Off] CIN = U45400WB2011PTC164117

Company & Directors' Information:- A N S INDIA POWER PRIVATE LIMITED [Active] CIN = U51101DL2014PTC266873

Company & Directors' Information:- M. L. PROJECTS PRIVATE LIMITED [Active] CIN = U45400WB2010PTC151513

Company & Directors' Information:- R N D PROJECTS PRIVATE LIMITED [Active] CIN = U70102DL1996PTC080051

Company & Directors' Information:- M. K. N. PROJECTS PRIVATE LIMITED [Active] CIN = U70101DL2009PTC196755

Company & Directors' Information:- M B R PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45300KA2009PTC049005

Company & Directors' Information:- G S P PROJECTS PRIVATE LIMITED [Active] CIN = U45201WB1992PTC057116

Company & Directors' Information:- K P S PROJECTS PRIVATE LIMITED [Active] CIN = U70102TG2005PTC046280

Company & Directors' Information:- E AND V PROJECTS PRIVATE LIMITED [Strike Off] CIN = U70102TG2004PTC042622

Company & Directors' Information:- T M R PROJECTS PRIVATE LIMITED [Active] CIN = U45400DL2010ULT211007

Company & Directors' Information:- S C T PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45201DL2008PTC184418

Company & Directors' Information:- M M K POWER PRIVATE LIMITED [Strike Off] CIN = U40106AP1998PTC030796

Company & Directors' Information:- P A PROJECTS PRIVATE LIMITED [Active] CIN = U45208WB1997PTC083907

Company & Directors' Information:- N K D PROJECTS PRIVATE LIMITED [Active] CIN = U45400WB2008PTC128819

Company & Directors' Information:- A I PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45203WB2000PTC091229

Company & Directors' Information:- P N PROJECTS PRIVATE LIMITED [Active] CIN = U45202DL2016PTC289494

Company & Directors' Information:- H S POWER PROJECTS PRIVATE LIMITED [Active] CIN = U31909DL2003PTC121326

Company & Directors' Information:- C R E M POWER PRIVATE LIMITED [Strike Off] CIN = U40101DL2001PTC111631

Company & Directors' Information:- D T POWER PRIVATE LIMITED [Strike Off] CIN = U40300AP2015PTC097226

Company & Directors' Information:- V AND M PROJECTS PRIVATE LIMITED [Active] CIN = U45201DL2005PTC139731

Company & Directors' Information:- K K PROJECTS PVT LTD [Strike Off] CIN = U70200WB1995PTC073058

Company & Directors' Information:- S L PROJECTS PRIVATE LIMITED [Active] CIN = U45400AN2009PTC000109

Company & Directors' Information:- O L G POWER P LTD [Active] CIN = U30007TN1991PTC020898

Company & Directors' Information:- G S POWER LIMITED [Strike Off] CIN = U40102KA2010PLC054033

Company & Directors' Information:- PROJECTS PVT LTD [Strike Off] CIN = U45201WB1951PTC019759

Company & Directors' Information:- V K M PROJECTS PRIVATE LIMITED [Active] CIN = U45400UP2011PTC045725

Company & Directors' Information:- POWER AND POWER PVT LTD [Active] CIN = U31300AS1989PTC003282

Company & Directors' Information:- K P PROJECTS PVT LTD [Active] CIN = U70101WB1996PTC077397

Company & Directors' Information:- C R PROJECTS PRIVATE LIMITED [Active] CIN = U45400PB2009PTC032572

Company & Directors' Information:- N D B K PROJECTS (INDIA) PRIVATE LIMITED [Active] CIN = U27100PB2012PTC036987

Company & Directors' Information:- N P R PROJECTS INDIA PRIVATE LIMITED [Strike Off] CIN = U45400TN2012PTC086360

Company & Directors' Information:- G P N PROJECTS PRIVATE LIMITED [Strike Off] CIN = U18101TZ2006PTC012749

Company & Directors' Information:- D H V PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45200TG2005PTC045988

Company & Directors' Information:- V K R PROJECTS PRIVATE LIMITED [Active] CIN = U45200TG2005PTC046370

Company & Directors' Information:- I N C PROJECTS PRIVATE LIMITED [Active] CIN = U70109WB2005PTC101620

Company & Directors' Information:- J. S. PROJECTS PRIVATE LIMITED [Active] CIN = U45400WB2009PTC136510

Company & Directors' Information:- P D M POWER PRIVATE LIMITED [Active] CIN = U40104AS2014PTC011780

Company & Directors' Information:- D J PROJECTS PRIVATE LIMITED [Active] CIN = U15201DL2005PTC134979

Company & Directors' Information:- M S C K PROJECTS PRIVATE LIMITED [Converted to LLP] CIN = U70101DL2005PTC135407

Company & Directors' Information:- S B S POWER PRIVATE LIMITED [Strike Off] CIN = U40100AP2012PTC083965

Company & Directors' Information:- B R T PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45203TG1996PTC025021

Company & Directors' Information:- S M POWER PROJECTS PRIVATE LIMITED [Strike Off] CIN = U40101KA2007PTC043140

Company & Directors' Information:- T AND M PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45201KA2008PTC045199

Company & Directors' Information:- B & G POWER LIMITED [Active] CIN = U40105PB2010PLC033765

Company & Directors' Information:- M R K POWER PROJECTS PRIVATE LIMITED [Strike Off] CIN = U40108TG2009PTC064610

Company & Directors' Information:- A C G PROJECTS PRIVATE LIMITED [Active] CIN = U45201UP1999PTC024162

Company & Directors' Information:- C K B PROJECTS INDIA LIMITED [Strike Off] CIN = U70102WB2012PLC188740

Company & Directors' Information:- N E PROJECTS LTD [Strike Off] CIN = U16009AS1999PLC005873

Company & Directors' Information:- D R PROJECTS PRIVATE LIMITED [Active] CIN = U74899DL2001PTC109612

Company & Directors' Information:- J WIND POWER LIMITED [Active] CIN = U40105DL2006PLC145973

Company & Directors' Information:- I J PROJECTS PRIVATE LIMITED [Strike Off] CIN = U70102KA2009PTC049320

Company & Directors' Information:- J H P WIND POWER PRIVATE LIMITED [Strike Off] CIN = U40108KA2008PTC046787

Company & Directors' Information:- G C N PROJECTS PRIVATE LIMITED [Active] CIN = U45200KA2011PTC061371

Company & Directors' Information:- L N PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45200TG2004PTC043064

Company & Directors' Information:- V B S POWER PROJECTS PRIVATE LIMITED [Active] CIN = U40101HP2007PTC030760

Company & Directors' Information:- S POWER PRIVATE LIMITED [Active] CIN = U19202DL1986PTC026505

Company & Directors' Information:- H B PROJECTS PVT LTD [Amalgamated] CIN = U45201WB1993PTC058846

Company & Directors' Information:- I. T. G PROJECTS PRIVATE LIMITED [Active] CIN = U74899DL1994PTC063342

Company & Directors' Information:- G M POWER PRIVATE LIMITED [Strike Off] CIN = U40105PN2003PTC017857

Company & Directors' Information:- POWER INDIA PVT LTD [Strike Off] CIN = U31102WB1983PTC036315

Company & Directors' Information:- P. S. PROJECTS PRIVATE LIMITED [Converted to LLP and Dissolved] CIN = U70109WB2011PTC170655

Company & Directors' Information:- S AND S POWER PRIVATE LIMITED [Active] CIN = U40109PY2004PTC001824

Company & Directors' Information:- U S POWER PRIVATE LIMITED [Under Process of Striking Off] CIN = U40103MH2009PTC189364

Company & Directors' Information:- A R N PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45202MH2010PTC199122

Company & Directors' Information:- K M M POWER PROJECTS PRIVATE LIMITED [Active] CIN = U40101UR2008PTC032741

Company & Directors' Information:- K A J POWER PROJECTS PRIVATE LIMITED [Active] CIN = U40105UR2008PTC032742

Company & Directors' Information:- H. K. PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45400WB2007PTC116467

Company & Directors' Information:- D M C PROJECTS PRIVATE LIMITED [Strike Off] CIN = U74140WB2005PTC105972

Company & Directors' Information:- S P PROJECTS (INDIA) PRIVATE LIMITED [Active] CIN = U45400DL2010PTC203910

Company & Directors' Information:- ADITHYA POWER PROJECTS PRIVATE LIMITED [Under Process of Striking Off] CIN = U40107AP2013PTC086659

Company & Directors' Information:- J R PROJECTS PRIVATE LIMITED [Strike Off] CIN = U70109HR2012PTC045119

Company & Directors' Information:- K P M POWER PRIVATE LIMITED [Strike Off] CIN = U40102KA2008PTC046804

Company & Directors' Information:- J J POWER PROJECTS PRIVATE LIMITED [Strike Off] CIN = U40108KA2009PTC050480

Company & Directors' Information:- C N R PROJECTS INDIA PRIVATE LIMITED [Active] CIN = U45201KA2007PTC041355

Company & Directors' Information:- J Y R PROJECTS PRIVATE LIMITED [Active] CIN = U70109TG2021PTC153917

Company & Directors' Information:- S C N PROJECTS PRIVATE LIMITED [Active] CIN = U70109TG2021PTC155544

Company & Directors' Information:- POWER PROJECTS (INDIA) PRIVATE LIMITED [Strike Off] CIN = U31101DD1995PTC001793

Company & Directors' Information:- A J PROJECTS (INDIA) PRIVATE LIMITED [Strike Off] CIN = U45201MH2006PTC164622

Company & Directors' Information:- POWER-X PRIVATE LIMITED [Strike Off] CIN = U99999DL1970PTC005331

Company & Directors' Information:- S K POWER INDIA PRIVATE LIMITED [Strike Off] CIN = U31101KA2006PTC039172

Company & Directors' Information:- J M PROJECTS PRIVATE LIMITED [Active] CIN = U45200MP2007PTC019336

Company & Directors' Information:- R G D POWER PRIVATE LIMITED [Strike Off] CIN = U41000TG1996PTC023809

Company & Directors' Information:- L S S PROJECTS PRIVATE LIMITED [Active] CIN = U45400UP2013PTC059508

Company & Directors' Information:- M M R POWER PRIVATE LIMITED [Active] CIN = U31104DL2008PTC174079

Company & Directors' Information:- S J POWER PRIVATE LIMITED [Strike Off] CIN = U45207HR2012PTC045937

Company & Directors' Information:- A TO Z PROJECTS PRIVATE LIMITED [Strike Off] CIN = U70101DL1995PTC069527

Company & Directors' Information:- G I T T PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45201TG2006PTC051193

Company & Directors' Information:- T C POWER PRIVATE LIMITED [Strike Off] CIN = U40101PB2009PTC033405

Company & Directors' Information:- Z & I PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45309TN2007PTC064972

Company & Directors' Information:- B. G. PROJECTS PRIVATE LIMITED [Active] CIN = U45400MH2012PTC231270

Company & Directors' Information:- H. & T. POWER PRIVATE LIMITED [Active] CIN = U40106MH2016PTC287646

Company & Directors' Information:- S & O POWER PRIVATE LIMITED [Active] CIN = U40107MH2010PTC206447

Company & Directors' Information:- V D M-POWER PRIVATE LIMITED [Active] CIN = U74999MH2015PTC262999

Company & Directors' Information:- P S R PROJECTS INDIA PRIVATE LIMITED [Active] CIN = U45400TG2015PTC101191

Company & Directors' Information:- E & E PROJECTS PRIVATE LIMITED [Active] CIN = U45400UP2015PTC075033

Company & Directors' Information:- N T POWER PROJECTS PRIVATE LIMITED [Under Process of Striking Off] CIN = U40102TG2015PTC098830

Company & Directors' Information:- B B R PROJECTS PRIVATE LIMITED [Active] CIN = U45200TG2005PTC045165

Company & Directors' Information:- M V R PROJECTS PRIVATE LIMITED [Active] CIN = U45200TG2005PTC045166

Company & Directors' Information:- L V S PROJECTS PRIVATE LIMITED [Under Process of Striking Off] CIN = U45200TG2010PTC068286

Company & Directors' Information:- R N V PROJECTS PRIVATE LIMITED [Active] CIN = U70102UP2011PTC044240

Company & Directors' Information:- R P POWER PROJECTS PRIVATE LIMITED [Strike Off] CIN = U74900UP2009PTC038185

Company & Directors' Information:- A C R POWER PRIVATE LIMITED [Strike Off] CIN = U74900UP2010PTC040987

Company & Directors' Information:- W N POWER PRIVATE LIMITED [Strike Off] CIN = U40101JK2013PTC004009

Company & Directors' Information:- K L PROJECTS PRIVATE LIMITED [Active] CIN = U27104DL2003PTC119655

Company & Directors' Information:- K S M PROJECTS PRIVATE LIMITED [Active] CIN = U45400DL2009PTC194824

Company & Directors' Information:- 3 G PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45400DL2015PTC276736

Company & Directors' Information:- I S R PROJECTS PRIVATE LIMITED [Active] CIN = U74140DL2005PTC138210

Company & Directors' Information:- L V PROJECTS PRIVATE LIMITED [Active] CIN = U74140DL2014PTC272838

Company & Directors' Information:- M K PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45201DL2002PTC117787

Company & Directors' Information:- B V M PROJECTS PRIVATE LIMITED [Active] CIN = U45201DL2004PTC131352

Company & Directors' Information:- K. J. S. PROJECTS PRIVATE LIMITED [Active] CIN = U70109DL2006PTC152898

Company & Directors' Information:- R J POWER PROJECTS PRIVATE LIMITED [Active] CIN = U40102DL2013PTC258320

Company & Directors' Information:- T & A POWER PROJECTS PRIVATE LIMITED [Active] CIN = U40106DL2015PTC281726

Company & Directors' Information:- S C P POWER PROJECTS PRIVATE LIMITED [Strike Off] CIN = U40109DL2005PTC133742

Company & Directors' Information:- SB POWER PRIVATE LIMITED [Strike Off] CIN = U40300DL2008PTC178212

Company & Directors' Information:- POWER ON PROJECTS PRIVATE LIMITED [Under Process of Striking Off] CIN = U74900AP2015PTC097760

Company & Directors' Information:- T V R POWER PROJECTS PRIVATE LIMITED [Strike Off] CIN = U40109AP2006PTC052062

Company & Directors' Information:- V N R PROJECTS PRIVATE LIMITED. [Active] CIN = U45400AP2008PTC060896

Company & Directors' Information:- C R R PROJECTS PRIVATE LIMITED [Active] CIN = U45400AP2015PTC097217

Company & Directors' Information:- A R P PROJECTS PRIVATE LIMITED [Active] CIN = U45200HR2012PTC044979

Company & Directors' Information:- H V PROJECTS PVT LTD [Active] CIN = U45202HR1997PTC033617

Company & Directors' Information:- C K S POWER PRIVATE LIMITED [Strike Off] CIN = U40101KA2010PTC052199

Company & Directors' Information:- R Y POWER PROJECTS PRIVATE LIMITED [Active] CIN = U40104KA2012PTC066217

Company & Directors' Information:- G C I POWER PRIVATE LIMITED [Active] CIN = U40107KA2010PTC053656

Company & Directors' Information:- V & V PROJECTS PRIVATE LIMITED [Strike Off] CIN = U70109KA2005PTC037578

Company & Directors' Information:- M S S PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45202KA2005PTC037905

Company & Directors' Information:- C AND T PROJECTS PRIVATE LIMITED [Strike Off] CIN = U74140GJ2009PTC057480

Company & Directors' Information:- R. C. POWER PRIVATE LIMITED [Strike Off] CIN = U40100GJ2009PTC058005

Company & Directors' Information:- J R J POWER PRIVATE LIMITED [Active] CIN = U40300GJ2015PTC082396

Company & Directors' Information:- A AND B PROJECTS PRIVATE LIMITED [Active] CIN = U45201GJ2007PTC051077

Company & Directors' Information:- B. P. S. R. PROJECTS PRIVATE LIMITED [Active] CIN = U70109RJ2018PTC063238

Company & Directors' Information:- D V N POWER PRIVATE LIMITED [Strike Off] CIN = U40101TG2007PTC053069

Company & Directors' Information:- R M S PROJECTS PVT LTD [Strike Off] CIN = U74210DL1975PTC007946

Company & Directors' Information:- A. R. POWER PRIVATE LIMITED [Strike Off] CIN = U74999DL2007PTC161616

Company & Directors' Information:- A. R. PROJECTS PRIVATE LIMITED [Strike Off] CIN = U40200DL2007PTC161559

Company & Directors' Information:- SIEMENS INDIA LTD. [Not available for efiling] CIN = U03390MH2000PLC990688

    Original Petition No. 481 of 2020

    Decided On, 28 September 2021

    At, High Court of Judicature at Madras

    By, THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR

    For the Petitioner: M.S. Krishnan, SC, K. Gowtham Kumar, Advocates. For the Respondent: R. Parthasarathy, Advocate.



Judgment Text

(Prayer: Petitions filed under section 34 of the Arbitration and Conciliation Act,. 1996 to set aside the impugned Award dated 19.04.2019 passed by the Arbitral Tribunal in the arbitration between the petitioner and the respondent allowing the counter-claim filed by the respondent and to allow the claims filed by the petitioner before the Arbitral Tribunal and for costs of the proceedings.)

1. Aggrieved over the three member arbitral tribunal dismissing the claim of the petitioner and allowing of the part of the counter claim, the present petition has been filed.

2. Brief facts leading to filing of this original petition is as follows:

2.1 The claimant is in the field of wind energy and its function and business is to provide land, civil foundation, power evacuation facilities, erection of wind turbines and other related infrastructure development works necessary to establish wind farm projects. The respondent approached the claimant in setting up wind farms in the state of Maharashtra at wind power project in Khanapur and there were correspondences between the parties. Thereafter, Land Procurement and development agreement dated 22.04.2013 came to be executed between the parties. Simultaneously evacuation facility and development agreement dated 22.04.2013 is also executed between them. The scope of the work mentioned in the schedule -1 and payment schedule is mentioned in the schedule 4 of the agreement. Based on the agreement, the claimant without any delay proceeded for getting statutory clearance pertaining to the land such as village NOC, mining NOC, DIC to secure and block the land parcels etc. He has also applied for sixteen locations for basic infrastructure clearance with Maharastra Energy Development Authority and obtained the final clearance for one location. Statutory charges were paid for nine locations [Rs.20,10,000/-] for each obligation with necessary required details. The claimant has also identified the entire land parcel required for 200 MW project and blocked the lands by a way of agreement of sale, lease deed, sale deed, token sale advance, consent deed etc. The claimant also identified the lands of ROW for a distance of 40 kms from the wind farm to Khadegoan sub-station to evacuate the power as per the evacuation facility and development agreement dated 22.04.2013. After repeated reminders, the respondent paid a partial advance of Rs.9.69 crores by 14.06.2018 after a delay of two months as against Rs.36 crores payable under the agreements. The claimant also taken steps requesting MSETCL to extend grid connectivity. However, the respondent has not adhered to terms and conditions of the agreements by not issuing work orders in time and not releasing the funds as agreed exposing the claimant to difficulties to speed up the work.

2.2 The claimant by an email dated 01.10.2013, updated the progress and delay in issuing work orders. MSETCL made a provisional demand note dated 11.10.2013 for paying the provisional supervision testing charges of Rs.74.56 lakhs. The claimant sent an email dated 09.01.2014 highlighting the milestone achieved and how the respondent is delaying the project requesting release of pending work orders and payments. The respondent paid Rs.74.56 lakhs on 25.01.2014. The delay in payment caused delay in the execution of all related works since they are all interlinked. The respondent failed to release the amount as agreed. When the matter stood thus, even without considering the enormous work carried out by the claimant, the respondent mooted the option to tap from some of the existing 220 KV the feeder instead of Khadegoan substation. The respondent also insisted new conditions to obtain LILO [Loop in Loop out] permission from MEDA before taking the project. Consequent to new conditions insisted, the claimant was forced to do new work and eventually the entire activities as processed with the earlier agreements came to a standstill in order to meet new conditions imposed. Review meeting was also held on 15.03.2013. Thereafter, the respondent on their own accord and unilaterally brought in a new customer M/s.Orange Maha Wind Private Limited and requested the claimant to continue the project directly with their scope limited to supply of windmills.

2.3 The claimant also entered into a term sheet on 20.05.2014 with M/s.Orange Maha Wind Private Limited for execution of 200 MW project in two phases of 100 MW each in Bhud Village, Sangli District along with the agreement title as understanding for transfer of approval agreement dated 16.08.2014 to use the approvals already obtained exclusively for the project in their favour. M/s.Orange Maha Wind Private Limited have made assurances and promises along with the respondent to make timely payment of funds as per the schedule towards completion of the project. Therefore, again the claimant commenced the project activities in full swing with its own funds expecting the payment will be released by the respondent. M/s.Orange Maha Wind Private Limited wanted to change the land parcel already identified and approved by the respondent and sought new land parcel locations. Even though it is not a condition as agreed in the undertaking for continuation of the project, the claimant intimated the same to the respondent and identified new locations and requested M/s.Orange Maha Wind Private Limited to release the funds but the funds were not released as agreed. The claimant, through emails marking copies to the respondent requested to release payments enabling the claimant to complet the project. But the respondent and M/s.Orange Maha Wind Private Limited failed to enter into an agreement with the claimant for completion of the projection. Therefore, it is the contention of the claimant that that they made their fund towards various works done for the project. Hence, the claimant has raised the following claims:

[a] Directing the respondent to pay a sum of Rs.11,51,27,136/- [Rupees Eleven corres fifty one lakhs twenty seven thousand one hundred thirty six only] towards the expenditure and cost incurred by the claimant from its own funds in the project with interest at 12% p.a. from the year 2015 till the date of payment to the claimant;

[b] Directing the respondent to pay a sum of Rs.13,07,00,000/- [Rupees thirteen crores seven lakhs only] towards the business opportunity loss with interest at 12% p.a. from the year 2015 till the date of payment to the claimant.

[c] Direct the respondent to pay the cost of the Arbitration of Rs.25,00,000/- [Rupees twenty five lakhs only] to the claimant.

3.1 It is the case of the respondent that the agreement entered between the parties is valid for two years from the date of the agreement or till the completion of the works under the agreement, whichever is earlier. The claimant has to implement the project in full by doing services mentioned in the agreement itself. Time is essence of the agreement and in the event of delay, the respondent is entitled to claim liquidated damages. Evacuation Agreement dated 22.04.2013 and 28.02.2014 was also entered between the parties. It is their contention that all the agreements were interlinked and required simultaneous performance in order to successfully complete the project. Procurement of lands was to be done while approvals and development of facilities was to be done in order to ensure timely completion of the project and to ensure that each of tasks are completed fully with proper documentation etc. The initial requirement is proper procurement of land for installation of the wind turbine generator as well as the land for setting up a pooling sub-station to consolidate the power generated from the wind turbine generators. Simultaneously, the requisite approvals and facilities for evacuation of the Power to the substation of the relevant plant/utility would also have to be procured. Only for that purpose, the parties have entered into two agreements with similar time lines, which were interlinked with each other in a manner that default under one agreement would also have a domino effect upon the performance of obligations under both agreements was necessary for full completion of both agreements.

3.2 The agreements in issue were negotiated as lump sum contracts where the respondent's obligation was limited to furnishing of timely payments against various milestones, only on completion of entire services under the agreements in full without any shortfall, as stipulated in clause 5 of the Land Procurement Agreement and Clause 5 of the 2014 Evacuation Agreement. It is only for the sake of procedural convenience, the payment schedule was split into achievement of several milestones. The claimant, however, did not even procure a single location with clear and marketable title as contemplated under the agreements, which was the threshold step for performance of its obligations. Hence, disputed the entire claim. Further, there were inordinate delay in execution of the works by the claimant which has adversely affected the respondent's prospect of getting returns. Hence, they have claimed counter claim for a sum of Rs.21,92,22,864/- together interest at 18% per annum till the date of payment towards the advance already paid to the claimant and also liquidated damages.

4. The learned arbitral tribunal has framed as many as 18 issues. On side of the claimant C.W.1 was examined and Ex.C.1 to Ex.C.87 were marked and on the side of the respondent R.W.1 was examined and Ex.R.1 to Ex.R.18 were marked.

5. The learned arbitral tribunal after considering various clauses governing parties, passed an award dismissing the entire claim and allowed the counter claim for a sum of Rs.10,63,26,864/- and passed the following award:

a] The claim petition is rejected with no order as to costs.

b] The counter claim is decreed for a total sum of Rs.10,63,26,864/- [Rupees ten crores sixty three lakhs twenty six thousand eight hundred sixty four [i.e. A] Mobilization Advance for 20% payment against 50 locations of Rs.4,84,49,632 [after deducting TDS] on 05.06.2013; b] another Mobilization Advance for 20% payment against another 50 locations of Rs.4,84,49,632 [after deducting TDS] on 14.06.2013;

c] Advance for land of Rs.94,27,600 [after deducting TDS] on 18.02.2014] together with interest at 6% per annum from the date of counter claim till the date of payment. As against which the present petition has been filed.

6. Challenge was made mainly on the ground of perversity and patent illegality. It is the main contention of the learned Senior Counsel appearing for the applicant is that the tribunal has not appreciated the evidence let in by the respondents and dismissed the claim of the petitioner without appreciating the entire evidence. It is the contention of the learned Senior Counsel that the finding of the tribunal is on the basis of no evidence and it cannot be sustained in the eye of law. It is his further contention that the arbitral tribunal recording that there is no definition of material breach in all the agreements. The aforesaid finding demonstrates total lack of application of mind by the tribunal. The tribunal having found that both sides have not terminated the contract. However, applied the termination clauses under the agreements for granting certain reliefs to the respondent. Hence, it is his contention that such a finding is also contrary to each other and refund of advance amount ought not have been granted without termination of the contract. The arbitral tribunal has failed to consider the documents running to 13 volumes filed by the claimant. The tribunal has turned blind eye to the entire evidence of the petitioner and also the admissions of the respondent is also not considered. Admittedly, there was a delay of payment of the first installment which is not at all taken not by the arbitral tribunal. Therefore, the finding of the learned arbitral tribunal that work done by the claimant and the expenses incurred by the claimant has never been considered by the tribunal, without considering clause 17 in the contract, refund has been Ordered.

7. It is further stated that the tribunal has totally ignored the fact that the respondent had abandoned the project and introduced M/s.Orange Maha Wind Private Limited and the benefits of the works undertaken by the claimant under the agreements would have enured to M/s.Orange Maha Wind Private Limited and ultimately M/s.Orange Maha Wind Private Limited also abandoned the project. This fact is also not taken note by the arbitral tribunal. The work done by the petitioner and the agreements have not been considered by the tribunal. There is violation of Section 18 of the Arbitration and Conciliation Act. It is also further contended that despite framing 17 issues, the arbitral tribunal did not go into all the issues to decide the issues. For Issue Nos.7 and 2, there were no discussion at all. The issue as to whether the failure in completion of work is attributable to the petitioner is also decided against the petitioner without considering the evidence of the respondent. Hence, submitted that the award has to be set aside on the ground of patent illegality. In support of his submissions he relied on the following judgments:

Associate Builders Vs. Delhi Development Authority reported in 2015 3 SCC 49

PSA SICAL Terminals Pvt. Ltd. Vs. Board of Trustees of V.O.Chidambaranar Port Trust Tuticorin and others reported in 2021 SCC OnLine Sc 508

Mahanagar Telephone Nigam Limited Vs. Tata Communications Limited reported in 2019 [5] Supreme Court Cases 341

8. Whereas, it is contention of the learned counsel for the respondent that the under land procurement agreement, the obligations of the parties are clearly spelt out. Schedule I provides detailed milestones to be achieved by the petitioner and schedule 4 contains the payment obligations of the respondent, which is expressly linked to milestones to be achieved by the petitioner under schedule I. The advance payment of 20% was made by the respondent which was accepted by the petitioner without any demur. Though it is alleged delay in payment for the first time, there is no case made out for any loss on account of delay in making payment. Since the petitioner was unable to discharge its burden of having performed the milestone to seek payment, there was no requirement to go into the evidence of the respondent. The agreement is a lumpsum contract and clause 4 clears spells out that the performance of entire scope of services is essential to implement the project and part performance would be of no business value to the respondent. The Arbitral Tribunal has clearly found that the petitioner has committed breach of both agreements, by not obtaining legal opinion under the Evacuation Agreement. Scope of works is set out in clause 3 read with schedule I and the payment schedule is defined in the said agreement as the schedule of price as set out in schedule 4. A perusal of Schedule 4 would reveal that the first milestone payment of 20% was upon submission of sub-station award letter. In the present case, the substation award letter has not been issued by the concerned authorities. Hence, the petitioner is not entitled to any payment under the agreement. It is his further contention that the tribunal has recorded factual findings and same cannot be challenged under section 34 of the Arbitration and Conciliation Act.

9. The tribunal has laid emphasis on the contractual terms that part of the performance of obligations under the agreements are of no business value to the respondent and interpreted the contract according to its true construction, which is solely within the domain of the arbitral tribunal. Only on an interpretation of the contract, the arbitral tribunal has come to a conclusion in awarding the claim of the respondent and rejecting the claims of the claimant. Hence, interpretation of the contract is a matter of arbitral tribunal to determine. It is his further contention that the various costs allegedly incurred by the petitioner for obtaining permits have all been obtained even before signing of the agreements between the parties and these expenses have been incurred by the petitioner in anticipation of business with prospective customers like the respondent and cannot be claimed as a damage or loss under the present agreement. Hence, it is his contention that the counter claim is only refund of monies paid as advance as per the contractual provisions and as per Section 54 of the Indian Contract Act. Hence, submitted that there are no grounds made out whatsoever to interfere the well reasoned award of the arbitral tribunal. Hence, prayed for dismissal of this petition. In support his contention, he relied upon the judgment reported in Associate Builders Vs. Delhi Development Authority reported in 2015 3 SCC 49 Ssangyong Engineering and Construction Co. Ltd. Vs. NHAI reported in [2018] 12 SCC 471

10. The Project land procurement agreement and Development Agreement, Evacuation Facilities Development Agreement have been executed on 22.04.2013 to provide wind farm projects for its customers and in the process of setting up 200 MW wind farm project at Khanpur Village, Maharashtra. Under the Land Procurement Agreement, the petitioner has to undertake the activity of procurement of land, arranging right of way and obtaining requisite licenses so that wind farm can be established. It is relevant to extract the important clause in the land procurement and Development Agreement, dated 22.04.2013. As per clause 2 of the agreement, the agreement shall be valid for a period of two years from the effective date or till the services completion date, whichever is earlier. Obligation of the Developer is as follows:

Clause 4: Developer agrees, understands and covenants that performance of the entire scope of services is essential for Gamesa to implement the project and that if it is partly performed there will be no business value to Gamesa. In performing the Scope of Services, Developer shall do all things necessary to achieve completion of the Scope of Services, including but not limited. Clause 4.1 reads as follows:

Clause 4.1 Project Land and Approvals

a] facilitate procurement of land with the dimension of 120x130 Mtrs of alnd per WTG location for all 100 Nos. of WTG and Access Roads/Common Roads, with a clear and Marketable Title, from the actual land owner to Gamesa/or its nominee on lease/sale basis, with all right is necessary to develop in the project. Clause 5 deals with price and payment terms and Clause 5 [a] and [b] reads as follows:

5 Price and Payment Terms

[a] In consideration of the performance of the Service by Developer in accordance with the Scope of Services, applicable law, obligations to be undertaken per clause 4 and the terms of this Agreement, Gamesa shall pay the Developer a total amount of Rs.22 lakhs/MW [Rupees 22 laks per Mega Watt only] ['Prince'] in he manner set out in schedule 4.

[b] The price is inclusive of all stamp duty, registration charges, other applicable statutory charges, incidental expenses, etc. on all the deeds of lease and conveyance of project Land in favour of Gamesa or its nominee, documents for securing easementary right and pathways and Row for internal transmissions lines, and on all other documents required and involved in the performance of the Scope of Service.”

11. The above clauses makes it clear that the payment has to be made as per the schedule 4 of the contract. Schedule 4 of the contract makes it very clear that the payments will be made on prorata basis [for each WTG location] as per the following schedule, upon achievement of milestones and completion of all services relative to each milestone, as detailed in schedule I, within 15 business days of submission proper invoices along with required documents. The first amount of 20% has to be paid on execution of the agreement as per the conditions for payment mentioned in schedule – 4 upon achievement of milestones and completion of all services relative to each milestone, as detailed in schedule I. The learned arbitral tribunal took note of the oral evidence of the claimant besides documents and recorded factual finding that the services was not complied as agreed and all the milestones have not been done by the claimant and recorded a finding that as per the schedule 4 and releasing of the 20% and 40% of the remaining amount will be made after execution of lease or sale deed in favour Gamesa or its nominees and found that when the claimant has failed to discharge the burden of proving any of the services specifically agreed milestones, the arbitral tribunal has finally held that there is no necessity for looking into the evidence of R.W.1.

12. The tribunal has recorded a factual finding that the services have to be completed by the claimant as per the contract and the same has not been done to insist the remaining payment as per the schedule. Merely because the oral evidence of R.W.1 has not been considered in this aspect, it cannot be said that the finding is totally perverse or illegal which goes to the root of the matter. The arbitral tribunal took note of the fact that parties have also admitted that Ex.C.3 and E.C.4 are interlinked and they have to be performed simultaneously and each contract has a life of two years and the parties are conscious of the fact that such simultaneous performance of the terms of Ex.C.3 and C4 [Ex.C.37] is so very essential so as to not to jump the contractual period and held that the claimant has not shown that the they have completed their obligations as per the contract. Therefore, the factual findings have been recorded by the learned arbitral tribunal and the contract between the parties was interpreted by the tribunal and such interpretation of the contract is always the matter for the arbitral tribunal to determine even if it gives rise to determination of a question of law as held in McDermott International inc. Vs. Burn Standard Co. Ltd. [2006 [11] SCC 181 and Associated Builders Vs. DDA [2015 [3] SCC 49].

13. The petitioner in the business of procuring land, arranging right of way, obtaining required government and non governmental licenses. The very claim statement itself clearly indicate that much prior to the entering into the contract with the respondent, they are in possession of required land in the year 2012 itself they ha

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ve got readiness to transfer and that itself clearly demonstrate the fact that various costs allegedly spent by the petitioner for obtaining such permits have been obtained even before signing of the contract between the parties and such expenses have been spent by the petitioner in anticipation of the business with prospective customers who enters into a contract with the petitioner. The petitioner themselves have claimed the amount as reimbursement on contractual basis. The arbitral tribunal has recorded a finding that the services mentioned in the claim statement do not indicate the services mentioned in schedule to Ex.C.3. When the arbitral tribunal factually recorded that such reimbursement is not maintainable, this Court is of the view that when the arbitral tribunal has concluded that there is a breach of the contract on the part of the petitioner, and ordered only refund of advance amount, other than statutory payment already made, it cannot be said that counter claim has been ordered without any default. What has been ordered is only the advance amount paid, that too after deducting statutory payments made. 14. The learned arbitral tribunal has also clearly given reasons for refunding the advance. Reasoning and conclusion of the tribunal is more plausible and merely because the evidence of R.W.1 has not been considered, it cannot be said that ordering counter claim goes to the root of the matter and fall within the ambit of perversity. What has been ordered is only admitted advance paid after deducting statutory deduction. Whereas, the entire breach is on the part of the petitioner and the tribunal has analysed in detail in para 17 of the award, the tribunal has given a reasoning that the amount is said to have been spent on services, claim made by the claimant towards various expenses has not been indicated in any of the services mentioned in the schedule I Ex.C.3 and a factual finding has been recorded by the arbitral tribunal that mere refunding of the advance after deducting the statutory payment cannot be illegal or perverse, which goes to the root of the matter. Hence, this Court is of the view that the arbitral tribunal has considered the entire evidence and documents and the entire award is a result of adequate reasoning and intelligible. Therefore, none of the grounds has been made out to interfere with the will reasoned award of the tribunal and there is no merits in the petition. 15. Accordingly, this Original Petition is dismissed.
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