NDH-07.09.

2022

IN THE HIGH COURT OF DELHI AT NEW DELHI

ORDINARY ORIGINAL COMMERCIAL JURISDICTION

I.A.NO. OF 2022
IN

O.M.P. (COMM) 354 OF 2021

IN THE MATTER OF:

SIEMENS GAMESA RENEWABLE POWER PVT.LTD .

. . . PETITIONER

VERSUS

INTEROCEAN SHIPPING COMPANY ... RESPONDENT

INDEX

S.NO. PARTICULARS PAGES

,_
1. E-Court Fees
I
2. Urgent Application

3. Notice ofMotion
3
4. I.A.NO. OF 2022
APPLICATION UNDER SECTION 151 OF THE
CODE OF CIVIL PROCEDURE 1908 ("ACT")
SEEKING CONDONATION OF DELAY IN THE
lf-1Z..
FILING AFFIDAVIT REGARDING AMOUNT
RECOVERED FROM DISCOM IN
 COMPLIANCE WITH ORDER DATED
20.04.2022.
5. Affidavit of Service

f
r I
Filed by-

D/{1(/
andit/ Nattasha Garg
Advocates for the Respondent
OFFICE AT:-
1-C, White House, First Floor,
10, Bhagwan Dass Road,
New Delhi - 110 001
M: (+91)9717143190
Email ID:[email protected]
Place: New Delhi.
Dated: :}0..08.2022.
 \
IN THE HIGH COURT OF DELHI AT NEW DELHI
ORDINARY ORIGINAL COMMERCIAL JURISDICTION

I.A.NO. OF 2022
IN
O.M.P. (COMM) 354 OF 2021

IN THE MATTER OF:

SIEMENS GAMESA RENEWABLE POWER PVT.LTD .
. . .PETITIONER
VERSUS
INTEROCEAN SHIPPING COMPANY ... RESPONDENT

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 IN THE HIGH COURT OF DELHI AT NEW DELHI
ORDINARY ORIGINAL COMMERCIAL JURISDICTION

I.A. NO. OF 2022

IN
O.M.P. (COMM) 354 OF 2021

IN THE MATTER OF:

SIEMENS GAMESA RENEWABLE POWER PVT.L TD .
. . . PETITIONER
VERSUS
INTEROCEAN SHIPPING COMPANY .. . RESPONDENT

URGENT APPLICATION

To,
The Registrar
High Court of Delhi
New Delhi
Sir,
Kindly treat the accompanying Application in the above mentioned matter
as an urgent one as per the Rules of Delhi High Court.

)1. Filed by-

"()l)(~t-/
ZOif
r Pandit/ Nattasha Garg
Advocates for the Respondent
OFFICE AT:-
1-C, White House, First Floor,
10, Bhagwan Dass Road,
New Delhi- 110 001
M: (+91)9717143190
Email ID:-arav [email protected]
Place: New Delhi.
Dated: Jt:K08.2022.
 IN THE HIGH COURT OF DELHI AT NEW DELHI
ORDINARY ORIGINAL COMMERCIAL JURISDICTION

I.A. NO. OF 2022

IN
O.M.P. (COMM) 354 OF 2021

IN THE MATTER OF:

SIEMENS GAME SA RENEW ABLE POWER PVT.L TD .
. . . PETITIONER
VERSUS

INTEROCEAN SHIPPING COMPANY ... RESPONDENT

NOTICE OF MOTION

Take notice that the accompanying Application is being filed on behalf of

the Respondent and is likely to be listed for hearing on _._ .2022 or any

day, thereafter. Please take notice accordingly.

' !.•· Filed by-

~~~.;
Pandit/ Nattasha Garg
Advocates for the Responde~t
OFFICE AT:-
1-C, White House, First Floor,
10, Bhagwan Dass Road,
New Delhi- 110 001
M: (+91)9717143190
Email ID:-arav.pandit@axonpartners. in
Place: New Delhi.
Dated: .2~; .08.2022.
 IN THE HIGH COURT OF DELHI AT NEW DELHI
ORDINARY ORIGINAL COMMERCIAL JURISDICTION

I.A.NO. OF 2022
IN

O.M.P. (COMM) 354 OF 2021

IN THE MATTER OF:

SIEMENS GAMESA RENEWABLE POWER PVT.L TD .

. . . PETITIONER

VERSUS

INTEROCEAN SHIPPING COMPANY ... RESPONDENT

APPLICATION UNDER SECTION 151 CPC FOR CONDONATION

OF DELAY OF 116 DAY(S) IN FILING AFFIDAVIT REGARDING

AMOUNT RECOVERED FROM DISCOM IN COMPLIANCE

WITH ORDER DATED 20.04.2022.

MOST RESPECTFULLY SHOWETH:

1. That the present Application is being filed by the Respondent

seeking condonation of delay in filing the Affidavit with respect to

the amount recovered from discom in compliance with order dated

 20.04.2022 as directed by this Hon'ble Court vide Order dated

20.04.2022.

2. That this Hon'ble Court vide Order dated 20.04.2022 had directed

the Respondent to inform whether any amount had been received

frorp the Discom with respect to the electricity supplied by the Wind

Turbine Generator (hereinafter referred to as "WTG") which forms

subject matter of present proceedings within a period of two weeks.

3. That the contents of the Affidavit filed by Shashikant Verma,

Authorized representative of the Respondent are part and parcel to

this Application and are not repeated herein for the sake of brevity.

4. That the facts pertaining to the delay in filing the Affidavit by the

Respondentare as follows:

a) That the Respondent herein, had supplied electricity to

Maharashtra State Electricity Distribution Company Limited

(hereinafter referred to as " MSEDCL") from March 20 15 to

 June 2020 after commissioning of the WTG by Petitioners

which took place on 31.03.2015.

'
b) That since there was no PP A in place, electricity was duly

supplied to MSEDCL against which credit notes were raised

on behalf of the Respondent herein. As submitted in the

Petition as well as before the Ld. Arbitral Tribunal, no PP A

could be signed, which as per the Respondent and

consequently, the Ld. Arbitral Tribunals award was on

account of the conduct of the Petitioner herein.

c) That the power injected into the grid amounting to Rs.

4,56,51,4811- never realized into money and even so, no

amount was realized by the Respondent over the course of its

business from the MSEDCL at all and thus, the Respondent

was constrained to approach the Hon'ble Maharashtra

Electricity Regulatory Commission at Mumbai ( hereinafter

referred to as "MERC") for receiving its payment qua the

power which was supplied by the Respondent between

 31.03.2015 and 02.06.2020 which was utilized by MSEDCL
,.
for fulfillment of its RPO.

d) That the above-mentioned prayer, inter-alia, were urged in a

Petition which was filed before the Hon'ble MERC which

came to be numbered as Case no. 157 of2021. That thereafter,

the said matter was taken up by the Hon'ble MERC and the

Commission reserved its Order on 11.02.2022.

e) Consequently, the Hon'ble MERC passed its final Order on

04.05.2022 whereby Hon'ble MERC did not grant the prayers

of the Respondent herein and thus, no amounts have been

received by the Respondent herein.

f) Being aggrieved by the said final Order of the Hon'ble MERC,

the Respondent filed an Appeal hearing number

APL/250/2022 before the Hon'ble Appellate Tribunal for

Electricity, New Delhi(APTEL). The said Appeal was listed

on 08.07.2022 wherein the Hon'ble APTEL was pleased to

 1ssue notice and the matter was posted for completion of

pleadings before the Ld. Registrar.

5. Thus, on account of the foregoing facts, it is submitted that no

amount has been recovered from the Discom i.e. the MSEDCL as of

now.

6. That for the reasons as mentioned above, it is submitted that the

Respondent was pursuing its remedy before the appropriate for as so

that a definite answer could be provided by the Respondent to this

Hon'ble Court in terms of the Order dated 20.04.2022. That, due to

the delay in passing of Order dated 04.05.2022 by Hon'ble MERC

and consequently, filing of appeal before the Hon'ble APTEL

against the said order which is pending adjudication, a delay of 116

days has been caused in filing the present accompanying Affidavit.

7. It is most humbly submitted that the delay in filing the

accompanying Affidavit will not cause any prejudice to the

 ,
Petitioner and the same may kindly be condoned by this Hon'ble

Court.

8. The present Application is made bonafide and in the interest of

justice.

PRAYER

It is, therefore, most respectfully prayed that this Hon'ble Court may

graciously be pleased to,

a) Condone the delay of 116 days in filing the accompanying

Affidavit filed by the Respondent in terms of this Hon'ble

Court's Order dated 20.04.2022, and/or,

b) Pass any further order(s) as this Hon'ble Court may deem fit.

AND FOR THIS ACT OF KINDNESS THE RESPONDENTAS IN

DUTY BOUND SHALL EVER PRAY.
 ONDENT

1-C, White House, First Floor,

10, Bhagwan Dass Road,
New Delhi- 110 001
~= (+91)9717143190
Email ID:[email protected]
Place: New Delhi.
Dated: 3lJ.08.2022.
 IJ
IN THE HIGH COURT OF DELHI AT NEW DELHI

ORDINARY ORIGINAL COMMERCIAL JURISDICTION

I.A.NO. OF 2022
IN

O.M.P. (COMM) 354 OF 2021

IN THE MATTER OF:

SIEMENS GAMESA RENEWABLE POWER PVT.L TD .

. . . PETITIONER

VERSUS

INTEROCEAN SHIPPING COMPANY ... RESPONDENT

AFFIDAVIT

I, Shashikant Verma, S/o Late Sh. Jagdish Prasad, aged about 57 years,

Authorised Signatory of the Respondent Company residing at25-B,Pocket

D lB,Janakpuri New Delhi, do hereby solemnly affirm and say as under: .

1. That I am the Authorised Signatory of Respondent Company in the

abovementioned matter. I am conversant with the facts and
circumstances of the present matter and therefore competent to
swear the present affidavit
 2. That the contents of the accompanymg Application have been
11-
prepared by my counsel under my instructions. I have read and
understood the contents of the same and I say that the facts stated
therein are true and correct to the best of my knowledge and legal
submissions are based on Legal Advice received from the Counsel
of the Respondent which the Respondent believes to be true.

~~-
J P~J\\1 rArvOrr
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p,ovoeA-rf DEPONENT
,}7P if
oi1.'Yo/ ~
I ~jiCATION :-
~\. ~0s
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3 n ~us 'iJ2l
~o~ ~'\~erified at New Delhi on this day of_ _ , 2022, that the
0~~ ----
·'sA~~'\':-· contents of para 1 to 2 of the above affidavit are true and correct to
~0~~~~
,~. ~0 the best of my knowledge and belief, no part of it is false and nothing
t::J'<:S
material has been concealed therefrom.

3 0 AUG 2322