KANDHARI BEVERAGES PVT. LTD. Vs. SUZLON ENERGY LTD.

JUDGEMENT

(1.) THE Petitioner has sought appointment of an Arbitrator under Section 11 of the Arbitration and Conciliation, Act, 1996 (for short the 'Act') in respect of the disputes arising out of an Agreement dated 19.11.2005 regarding the installation of 1250 K.W. Wind Turbine GeneratOrs.

(2.) THE Petitioner has filed earlier a petition before this Court on 10.5.2009 (Arbitration Case No. 11 of 2010) claiming adjudication of disputes such as failure to ensure Minimum Guarantee Generation of electricity i.e. for the period from May 2006 to April 2008. In the said petition this Court appointed an arbitrator on 29.4.2011.

(3.) THE Petitioner in the present petition claims adjudication of disputes on account of failure of Respondent to ensure Minimum Guarantee Generation of electricity for the period from May 2008 to March 2010. When the petition came up for hearing before this Court on 4.5.2011, learned Counsel for the Petitioner took time to examine the question; whether the present petition to claim Minimum Guarantee Generation of power can be raised as a separate dispute once, the disputes raised in an earlier petition have been referred to an Arbitrator.