WIND POWER LTD Vs. GOYAL MG GASES LIMITED

JUDGEMENT

(1.) BY this petition under Section 34 of the Arbitration and Conciliation Act, 1996, the petitioner seeks to challenge the Award dated 7.01.2002 passed by the sole Arbitrator. The disputes between the parties arose with regard to a Wind Power Project which had to be supplied, commissioned, erected and maintained by the petitioner for the respondent.

(2.) THE facts of the case are that the respondent placed a contract dated 1.2.1996 with the petitioner for supply, erection and commissioning of a Wind Farm having 15 machines of a specified model, for which the price was fixed at Rs.1.5 crores per machine and the total price of the contract was Rs.22.5 crores. It was the obligation of the petitioner to also acquire and transfer the requisite land on which the machines were to be installed for generating electricity by use of Wind Power. The petitioner was also to take the requisite permissions from the concerned authorities and had also to synchronize the Wind Power Project with the grid of Tamil Nadu Electricity Board. The Arbitrator has crisply narrated these factual aspects in the Award as under:-

(3.) THE Arbitrator in the Award has arrived at the following conclusions:-