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2021 Supreme(Mad) 2192

N.SATHISH KUMAR
SB Adithya Power Projects Pvt Ltd, Rep. by its Director, Sheik Bareed – Appellant
Versus
Siemens Gamesa Renewable Pvt. Ltd, [Previously known as Gamesa Renewable Pvt. Ltd and before that known as Gamesa Wind Turbines Ltd], Rep. by its Managing Director, Chennai – Respondent


Advocate Appeared:
For the Appellant :M.S. Krishnan, SC, K. Gowtham Kumar, Advocates.
For the Respondent:R. Parthasarathy, Advocate.

JUDGMENT :

(Prayer: Petitions filed under section 34 of the Arbitration and Conciliation Act,. 1996 to set aside the impugned Award dated 19.04.2019 passed by the Arbitral Tribunal in the arbitration between the petitioner and the respondent allowing the counter-claim filed by the respondent and to allow the claims filed by the petitioner before the Arbitral Tribunal and for costs of the proceedings.)

1. Aggrieved over the three member arbitral tribunal dismissing the claim of the petitioner and allowing of the part of the counter claim, the present petition has been filed.

2. Brief facts leading to filing of this original petition is as follows:

2.1 The claimant is in the field of wind energy and its function and business is to provide land, civil foundation, power evacuation facilities, erection of wind turbines and other related infrastructure development works necessary to establish wind farm projects. The respondent approached the claimant in setting up wind farms in the state of Maharashtra at wind power project in Khanapur and there were correspondences between the parties. Thereafter, Land Procurement and development agreement dated 22.04.2013 came to be executed between the pa

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