MORGAN VENTURES LIMITED Vs. NEPC INDIA LIMITED

JUDGEMENT

(1.) This common order shall decide the aforenoted Contempt Petitions, which have been instituted under Sec. 12 of the Contempt of Courts Act, 1971 read with Article 215 of the Constitution of India, 1950, seeking issuance of an appropriate action against the respondents for the deliberate and wilful disobedience of the order of this Court dtd. 25/5/2016 passed in OMP(I)(COMM) Nos. 180/2016, 181/2016 and 182/2016 and order dtd. 31/5/2016 passed in OMP(I)(COMM) Nos. 183/2016 and 178/2016, followed by orders dtd. 29/8/2016 and 10/11/2016 passed in the aforesaid matters.

(2.) Briefly stated, the parties entered into various agreements dtd. 7/10/2003, whereby the petitioners agreed to purchase Wind Energy Generators from respondent No. 1. Thereafter, certain disputes arose and the parties preferred Arbitration, wherein the Arbitral Awards dtd. 11/11/2011 came to be passed, which subsequently stood corrected vide order dtd. 3/1/2012. As stated in these petitions, the entitlement of the petitioners, as per the Arbitral Award are as under: <FRM>JUDGEMENT_62_LAWS(DLH)9_2024_1.html</FRM>

(3.) It is apposite to note that respondent No. 1 had challenged the Arbitral Awards dtd. 11/11/2011, as corrected/modified vide order dtd. 3/1/2012, before the Madras High Court under Sec. 34 of the Arbitration and Conciliation Act, 1996 'A&C Act". However, the respective petitions moved before the Madras High Court were withdrawn by respondent No. 1 on 3/10/2019, and liberty was granted to respondent No. 1 to file the said petitions afresh before this Court. In this regard, it is stated that presently, the Sec. 34 petitions moved by respondent No. 1 challenging the Arbitral Awards are pending before this Court.