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STRUCTURE A. INTRODUCTION ...............................................................7 B. ARRAY OF PARTIES ...........................................................8 C. BRIEF LITIGATION HISTORY AND THE ARBITRAL AWARD ...................................................9 D. THE APPLICATIONS FILED IN COURT........................ 13 E. INTERPRETATION OF SECTION 26 OF THE AMENDING ACT: THE GROUP A CHAMBER SUMMONSES FOR DISMISSAL OF THE EXECUTION APPLICATIONS:........................................ 16 (I) Re: Effect of Section 26 of the Amending Act .................... 17 (II) The Doctrine of Binding Precedent .................................. 35 3rd March 2017 Enercon GmbH v Wind World (India) Ltd & Ors 921-chscdl7-17+D.doc F. WHO MAY EXECUTE THE AWARD/DECREE .............50 G. GROUP B CHAMBER SUMMONSES IN EXECUTION.58 H. ORDER ...............................................................................59 2nd March 2017 A. INTRODUCTION

3rd March 2017 Enercon GmbH v Wind World (India) Ltd & Ors 921-chscdl7-17+D.doc C. BRIEF LITIGATION HISTORY AND THE ARBITRAL AWARD

5. The disputes between these parties arrived at their arbitral destination after a long and tortuous journey that began in this court and the erstwhile Company Law Board, before wending its way to the Supreme Court. There, a reference to arbitration came to be made. The parties were at loggerheads in regard to windmills or Wind Turbine Generators ("WTGs") and certain intellectual property rights in relation to those WTGs. There were several agreements between the parties including shareholders' agreements, technical know-how agreements, intellectual property licensing agreements and so on. I am not concerned with any of these. Litigation seems to have begun in August or September 2007 in this Court and the Company Law Board. There were parallel proceedings in Daman and London. Ultimately, on 14th February 2014, the Supreme Court made an order referring parties to arbitration.

                Enercon                                       WWIL

               Filed For:                             Filed for:
               disclosure                          For dismissal of
                                                 execution application





                                       3rd March 2017

Enercon GmbH v Wind World (India) Ltd & Ors 921-chscdl7-17+D.doc SET II Commercial Arbitration Execution Application (L) No. Petition No. 196 of 2016 8 of 2017 Filed by: Yogesh Mehra Filed by: Enercon Challenges: (1) Award for Filed for: Vish Wind Sums payment of Vish Wind amounts and (2) Costs Ch/S (L) No 22 of 2017 Ch/S (L) No 19 of 2017 [GROUP A] [GROUP A] Filed by: Yogesh Mehra Filed by: Ajay Mehra Filed for: For dismissal Filed for: For dismissal of of execution application execution application SET III Commercial Arbitration Execution Application (L) No. Petition No. 205 of 2016 9 of 2017 Filed by: Ajay Mehra Filed by: Enercon and Wobben Challenges: (1) Award for Filed for: Execution of decree payment of Vish Wind of costs amounts and (2) Costs Ch/S (L) No. 8 Ch/S (L) No 23 of Ch/S (L) No 21 of of 2017 2017 2017 [GROUP B] [GROUP A] [GROUP A] Filed by: Filed by: Yogesh Filed by: Ajay Enercon Filed for: Filed for:

64. There are two Chamber Summonses in this group. Both are filed by Enercon. Chamber Summons (L) No. 7 of 2017 relates to the first part of the Award, i.e., the payment of royalties covered by paragraph 331(f )(2)(a)(i). The prayer in that Chamber Summons is to direct Wind World to disclose all particulars of all assets and properties wherever held and whether through its subsidiaries or other companies in which Wind World or the Mehras have any right, title or interest. Given the foregoing discussion and since there is evidently no stay on execution, this prayer must be granted.