# In the matter of Suzlon Energy Ltd. C.P (I.B) No.134-NCLT-AHM-2018

> NCLT judgment dated 2019-02-06. Citation: TCN-2019-NCLT-04983. The case involves an application filed by Kandhari Beverages Pvt. Ltd. (Operational Creditor)…

- **Court:** NCLT
- **Order date:** 6 Feb 2019
- **Citation:** TCN-2019-NCLT-04983
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/suzlon-energy-ltd-cp-ib-no134-nclt-ahm-2018-6953e943

## Summary

### Background

The case involves an application filed by Kandhari Beverages Pvt. Ltd. (Operational Creditor) under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking initiation of Corporate Insolvency Resolution Process (CIRP) against Suzlon Energy Ltd. (Corporate Debtor). The dispute arises from a purchase order dated 19.11.2005, where Kandhari Beverages ordered five wind turbine generators (WTGs) from Suzlon Energy. Kandhari Beverages claimed a shortfall in guaranteed power generation, leading to a demand for reimbursement. Suzlon Energy acknowledged a shortfall but disputed the amount claimed and the period for which the guarantee was applicable. An arbitral award was passed in favor of Kandhari Beverages, which Suzlon Energy challenged under Section 34 of the

…

## Facts

Kandhari Beverages Pvt. Ltd. (Operational Creditor) placed a purchase order on 19.11.2005 with Suzlon Energy Ltd. (Corporate Debtor) for five wind turbine generators (WTGs) to be installed in Dhulia, Maharashtra. Kandhari Beverages advanced Rs. 24,56,25,000 towards the purchase. Suzlon Energy was to commission the WTGs by 28.02.2006. Four WTGs were commissioned by 29.03.2006, and the fifth by 11.05.2006. Kandhari Beverages claimed a shortfall in guaranteed power generation, citing Clause 8 of the purchase order, and demanded Rs. 4,78,53,301. Suzlon Energy acknowledged a shortfall but calculated it differently, offering Rs. 3,28,61,510.83. Kandhari Beverages disputed Suzlon Energy's calculation. An arbitral tribunal awarded Kandhari Beverages Rs. 3.30 Crores plus

…

## Issues and analysis

### Issue 1: Whether a pre-existing dispute exists between the Operational Creditor and the Corporate Debtor due …

**Ratio:** The ratio is based on the principle that the existence of a pre-existing dispute, as

…

**Reasoning:** The court reasoned that the Corporate Debtor had challenged the arbitral award under

…

**Interpretation:** The interpretation is that the term 'dispute' under the IBC includes any

…

**Application:** In this case, the Corporate Debtor challenged the arbitral award, which

…

## Parties

- **Judges:** Harihar Prakash…; Manorama…
- **Appellants:** Kandhari Beverages…
- **Respondents:** Suzlon Ener…

## Timeline

- **2005-11-19 — Purchase…**: Kandhari Beverages placed a purchase order for five wind turbine generators with Suzlon…
- **2006-02-28 — Original Commissioning…**: Suzlon Energy was to…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 9 — Application for initiation of corporate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-9)

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclt-chandigarh/suzlon-energy-ltd-cp-ib-no134-nclt-ahm-2018-6953e943