WIND POWER LIMITED Vs. GOYAL MG GASES LIMITED

JUDGEMENT

(1.) The respondent M/s.Goyal MG Gases Limited has filed this application under Section 151 CPC praying for a direction on the Tamil Nadu Electricity Board (TNEB) to start paying to the respondent the sums standing in its account after deducting a sum of Rs.2,67,44,336/-.

(2.) The relevant facts to be noticed for the disposal of the present application are that the respondent purchased a wind mill Project from the petitioner on turnkey basis by a purchase order dated 1st February, 1996. The wind mill was to generate electricity and the same was to be purchased by the TNEB and for that purpose TNEB and the respondent entered into a power purchase agreement dated 27th March, 1996. Dispute arose between the petitioner and the respondent as the project was not as per the contract and generation of electricity was much low. On a petition, being AA No.133/96, filed by the petitioner for appointment of an arbitrator and interim relief, this Court vide order dated 30th April, 1997 made the following order:-

(3.) The said order/directions became final as the appeal and SLP filed against the said order were dismissed. The sole arbitrator Justice P.K.Bahri (Retd.) entered the reference and published his award dated 7th January, 2002, the operative portion of which reads as under:-