Orange Maha Wind Energy Private Limited v. M/S Sri Maruti Wind Park Developers

$~47.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) No.18/2015, IA No.25159/2015 (u/O 39 R-1&2 CPC), IA No.25247/2015 (u/O 2 R-2 CPC), IA No.26076/2015 (u/O 40 R-1 CPC), IA No.26190/2015 (u/O 39 R-2A) & IA No.4698/2016 (u/O VIII R-1 CPC).

ORANGE MAHA WIND ENERGY PRIVATE LIMITED... Plaintiff Through:

Mr. Kirat Singh Nagra, Mr.Pranav Vyas and Ms. Ishita Chakrabarti, Advs.

versus M/S SRI MARUTI WIND PARK DEVELOPERS ..... Defendant Through:

Mr. Sumit Gupta and Ms. Madhu Sweta, Advs.

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 02.08.2016 1.

The plaintiff has sued for (A) permanent injunction to restrain the defendant (i) from directly or indirectly reducing or interfering with the transmission of power through the Evacuation Arrangement as defined in paragraph 5 of the plaint; (ii) from isolating the Feeder no.1 and 4 from Pooling Substation; (iii) from keeping the Feeder No.1 and 4 shut down; (B) for mandatory injunction (v) directing the defendant to extend support for commissioning the erected WTGs and for executing the PPA with the state utilities; and, (vi) to comply with pending obligations under the Project Agreement.

2.

The suit was entertained.

3.

The parties were directed to the Mediation Cell of this Court. CS(COMM) No.18/2015

4.

Mediation has been successful with the efforts of Mr. Rajeev K. Virmani, Sr. Advocate/Mediator.

5.

A settlement Report dated 18th July, 2016 along with Settlement Agreement dated 8th June, 2016 has been received from the Mediation Cell of this Court.

6.

The counsel for the plaintiff as well as the counsel for the defendant support the said settlement and state that the Settlement Agreement has been executed by the duly authorised representatives of the plaintiff and the defendant.

7.

The compromise/settlement arrived at between the parties is found to be lawful and is allowed.

8.

As sought, the suit is decreed in terms of the Settlement Report along with the Settlement Agreement which shall form part of the decree sheet, leaving the parties to bear their own costs.

Decree sheet be prepared.

RAJIV SAHAI ENDLAW, J AUGUST 02, 2016 „pp‟..

CS(COMM) No.18/2015