IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Arb Case No. 11 of 2010 Date of decision: 29.4.2011 M/s Kandhari Beverages Pvt Ltd. …..Petitioner vs. M/s Suzlon Energy Ltd. ….. Respondent CORAM: - HON’BLE MR. JUSTICE HEMANT GUPTA Present: - Shri Hemant Bassi, Advocate for the petitioner. Shri Sumeet Goel, Advocate for respondent. HEMANT GUPTA, J The petitioner has sought appointment of an Arbitrator under Section 11 of the Arbitration and Conciliation Act, (for short the ‘Act’) in respect of the dispute arising between the parties out of an Agreement dated 19.11.2005 (Annexure P-1). Vide the aforesaid Agreement, respondent was to install five 1250 K.W. Wind Turbine Generators at Dhulia, Maharashtra at a total cost of Rs. 24,56,25,000/-. One of the general term of the contract is that the said purchase order dated 19.11.2005 is subject to Standard Arbitration. Petitioner claims a sum of Rs. 4,78,33,302/- on account of the loss suffered by the petitioner, inter alia, for the reason that the Wind Termile Generators were installed after Arb. Case No. 11 of 2010 delay as well as there was a shortfall in the minimum guaranteed generation. The petitioner has also served a notice on 31.1.2009 seeking to resolve the dispute by an Arbitrator. The petitioner has nominated two Arbitrators in the said communication. In reply to the said demand, the claim of the petitioner was denied vide the communication dated 28.2.2009. It is also stated therein that the minimum guaranteed generation was for a period of 2 years and therefore, the dispute raised is not tenable. In reply to the petition, respondent has again denied the claim raised by the petitioner in the petition under Section 11 of the Act. There is a dispute between the parties, in respect of the terms of the Agreement and the corresponding inter se obligations of the parties. Therefore, I deem it appropriate to appoint Hon’ble Mr. Justice R. S. Mongia, former Chief Justice of Gawahati High Court, resident of H. N. 119, Sector 10, Chandigarh as an Arbitrator. Learned Arbitrator is at liberty to fix his fee in consultation with the parties on the first date of hearing. (HEMANT GUPTA) JUDGE 29.4.2011 preeti 2