Specific Information Carrier
MUMBAI: The Mumbai Prime Courtroom has handed a restraining order towards the outstanding Vikhe Patil family-owned sugar manufacturing unit in Ahmednagar asking the promoters no longer to go into the premises of an area energy plant, and to not perform any paintings/job therein.
The Vikhe Patil kinfolk, to which the sitting native Member of Parliament Sujay Vikhe Patil belongs, controls the Padamshri Dr Vitthalrao Vikhe Patil Sahakari Sakhar Karkhana in Ahmednagar district.
Pravara Renewable Power Ltd (PREL) had arrange the ability plant on the sugar manufacturing unit premises of Padamshri Dr Vitthalrao Vikhe Patil Sahakari Sakhar Karkhana. Overdue remaining yr, the Vikhe Patil kinfolk’s Karkhana allegedly ousted the PREL and forcefully occupied the ability plant and began operating it.
PREL filed a business arbitration petition quantity 2325/2021 sooner than the Bombay Prime Courtroom.
The court docket has stated in its order that the Karkhana’s forceful operation of the ability plant used to be unlawful and the events would lose religion within the machine if their contractual rights are taken away the use of political energy.
“Irreparable injury can be brought about to the plant if the Karkhana continues to perform the plant.
As such, the court docket ordered as follows: “That pending the listening to and ultimate disposal of the arbitral complaints, making of the arbitral Award and till ultimate execution of the arbitral Award, this Hon’ble Courtroom be happy to restrain the Respondent, its board of administrators, promoters, companions, workers, brokers, consultant and any person performing on behalf of the Respondent, in any way from coming into the premises of the petitioner’s Co-generation plant and from wearing out any paintings/job for the maintenance/upkeep/ operation of the Petitioner Co-generation plant.”
The Prime Courtroom had reserved its order within the case on March 3, 2022, and the order used to be issued these days.
The court docket stated in its order “a petition used to be filed below Phase 9 of the Arbitration and Conciliation Act, 1996 wherein the petitioner had prayed for meantime measures pending the arbitral complaints. A captivating query, which has arisen for attention within the provide case sooner than the initiation of arbitral complaints, is as as to whether the respondent has any criminal proper below the contractual scheme the events stand, to intrude within the petitioner’s managing and working its Co-generation plant and try to lock, inventory and barrel, oust the petitioner from working and managing its personal Co-generation Energy Plant.”
The court docket stated the “the petitioner’s case is of coercive movements having taken position to oust the petitioner from the Co-generation plant by way of the respondent after the prevailing petition used to be filed on 12 October 2021. The respondent the use of its dominating place as an impressive sugar manufacturing unit.”
The court docket additional stated prima facie, it’s fairly obvious that there’s a systematic business modus operandi at the a part of the Karkhana to take over the co-gen plant. This at first, by way of allowing PREL to arrange the co-gen plant for which the PREL incurred considerable expenditure of Rs 274 crores by way of borrowing budget absolutely to the data of the Karkhana, and thereafter by way of no longer supplying the agreed quantity of bagasse and biogas, the elemental raw-material for era of energy and steam, thereby depriving PREL of an ordinary functioning of the plant to recoup its investments and earn income.
The court docket additionally made opposed remarks in regards to the dismantling of the biogas pipeline and the use of it for the captive era facility, which used to be a transparent indication that there used to be no goal to offer biogas thereby crippling PREL. All such movements which seem to be systematically deliberate, have ended in critical monetary difficulties for PREL
The court docket stated this can be a vintage case the place the cooperative sugar manufacturing unit mentioned to be of status, is not just appearing by way of taking regulation into its arms, in brazen breach of the phrases and stipulations of the PDA but in addition totally oblivious to the rule of thumb of regulation as famous above.