VAYUVIDYUT PROJECTS Vs. SHANGHAI ELECTIC WIND POWER

JUDGEMENT

(1.) THIS Application under Order 14, Rule 8 of O.S. Rules read with Section 9(ii)(d)(e) of the Arbitration and Conciliation Act, has been filed for grant of interim injunction restraining the Respondent, their agents, servants, collaborators, partners, associates or agreement holders wherever they be located or based other than the Applicant from assembling, manufacturing, importing, marketing, selling or in any manner dealing with Wind Turbines/Wind Turbine Generators or its components/sub-assembles and parts within the territory of India other than through the Applicant pending Arbitration proceedings. This Application under Order 14, Rule 8 of O.S. Rules read with Section 9(ii)(d)(e) of the Arbitration and Conciliation Act, has been filed for grant of interim injunction restraining the Respondent, their agents, servants, collaborators, partners, associates or agreement holders from violating the Collaboration Agreement signed between the Applicant and the Respondent on 21.2.2012 by applying for or securing a C- WET license.

(2.) IN support of these Applications, it is pleaded that M/s. Vyuvidyut Projects Private Ltd./Applicant is a Company registered under the Companies Act, 1956 having its registered office at No.5, Third Floor, New Creation Building, 130-C, D.H. Road, Joka, Kolkata. The Applicant has a liasion office in Chennai situated at No. 15, First Floor, Above Silver Sky Super Market, Gangai Amman Koil Street, Kodambakkam, Chennai.

(3.) THE Respondent entered into a Collaboration Agreement with the Applicant on 21.2.2012 appointing the Applicant as their sole and exclusive Indian Partner for the purpose of manufacturing and assembly of components of Wind Turbines in line with the C-WET and RLMM Guidelines in India.