AJAY MEHRA Vs. ENERCON GMBH

JUDGEMENT

(1.) Vide this common judgment we propose to decide a batch of Commercial Arbitration Appeals preferred under Section 37(1)(c) of the Arbitration and Conciliation Act, 1996 (Commercial Appeal No.314 of 2019 arising out of Commercial Arbitration Petition No. 205 of 2016, Commercial Appeal No. 315 of 2019 arising out of Commercial Arbitration Petition No. 196 of 2016 and Commercial Appeal No. 316 of 2019 arising out of Commercial Arbitration Petition No. 16 of 2017) that are directed against the common Judgment dated 14.12.2018 passed by a learned Single Judge of the Commercial Division of this Court upholding the majority Award passed by the Arbitral Tribunal. We may note that vide Orders dated 21.01.2019 and 29.01.2019 certain corrections have been incorporated to the Judgment by the learned Single Judge upon a request in this regard having been made by the Petitioners/Appellants-herein.

(2.) The Appellant before us in Commercial Appeal No. 316 of 2019 is Wind World (India) Pvt. Ltd. (WWIL). It is an unlisted public limited company incorporated under Indian Companies Act, 1956 as a joint venture between Enercon GmbH and members of the Mehra family (the Mehra's). Enercon is the registered holder of 56% of the issued share capital, and the Mehra's are the registered holders of the residual 44%.

(3.) The Appellant in Commercial Appeal No. 315 of 2019 is Mr. Yogesh Mehra; who is described as the Managing Director of WWIL and its shareholder.