Indowind Energy Limited v. M/S Suzlon Energy Limited
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION) WEDNESDAY, THE 22ND DAY OF JUNE 2022 THE HON'BLE MR. JUSTICE M.SUNDAR ARB APPLN No. 90 of 2021 In the matter of the Arbitration and Conciliation Act, 1996 and In the matter of the disputes between Indowind Energy Limited and Suzion Energy Limed In the matter of dispute arising out of Memorandum of Understanding dated 24.01.2008 and 26.02.2009 and operation and Maintenance Agreement dated 24.08.2009 and Minutes of the Meeting dated 22.06.2008.
INDOWIND ENERGY LIMITED Registered Office, 4th Floor, Kothari Building, No.114, Nungambakkam High Road, Chennai - 600 034.
..Applicant -VsM/S SUZLON ENERGY LIMITED, Having its Corporate Office at Suzlon, One Earth, Hadapsar, Pune - 411 028.
..Respondent
Arbitration Application praying that this Hon'ble Court be pleased to direct the Respondent to repair the 8 WTGs that are not working and continue the operation and maintenance of the 12WTGs immediately till the completion of the contract period.
This Arbitration Application coming on this day before this court for hearing the court made the following order:- Read this in conjunction with and in continuation of earlier proceedings made in the previous listing on 20.06.2022.
2. Mr.K.Prem Chandar, learned counsel representing the counsel on record for the applicant and Mr.A.P.Balaji, learned counsel representing the counsel on record for the respondent are before this Court.
3. Learned counsel for applicant expresses regret for not representing the matter in the previous listing on 20.06.2022.
4. Be that as it may, learned counsel submits that a memo of withdrawal dated 15.06.2022 has been filed and a scanned reproduction of the same (together with docket) is as follows:
5. Learned counsel reiterates the aforementioned contents of memo of withdrawal. Learned counsel has also made an endorsement in the case file and a scanned reproduction of the same is as follows:
6. In the light of the narrative thus far, captioned Arbitration Application is disposed of as closed/withdrawn. Though obvious, it is made clear that this Court is not expressing any view or opinion on the merits of the matter. There shall be no order as to costs. Sd/.M.S.J.
22.06.2022 //Certified to be a true copy// Dated at Madras this the day of 2022. SU/28.06.2022 COURT OFFICER(O.S.) From 25.09.2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.