NCLT Ahmedabad Directs Wind World Resolution Plan Correction To Reflect Enercon's €19 Million Admitted Claim

The Ahmedabad bench of the National Company Law Tribunal has partly upheld objections by German wind energy company Enercon GmbH to the resolution plan for Wind World (India) Ltd.

It held that the company's admitted claim for components and materials supplied could not be reduced to a notional value of ₹1 merely because related proceedings remained pending before the Supreme Court.

“The mere pendency of the Special Leave Petitions before the Hon'ble Supreme Court could not, by itself, justify mechanical treatment of the entirety of the Objector's claim as liable to be admitted only at a notional value of Rs.1/-, particularly when the liability pertaining to components and materials supplied by Enercon stood specifically acknowledged and undisputed before the Hon'ble Bombay High Court,” the tribunal said.

Judicial Member Shammi Khan and Technical Member Sanjeev Sharma held that Enercon's royalty-related claims would continue to remain subject to pending Supreme Court proceedings. However, its separate admitted claim of €19,025,296.38 for components and materials supplied had to be valued at the actual amount and properly dealt with in the resolution plan.

Enercon is also a 56% shareholder in Wind World. It had challenged the resolution plan approved on February 13, 2026 by the committee of creditors for the company. The plan was submitted by a consortium of Inox Neo Energies Ltd and Authum Investment & Infrastructure Ltd.

The dispute traces back to long-running arbitration between Enercon and Wind World. The dispute concerned royalty payments, use of confidential technology, and unpaid dues for supplied components and materials.

In a 2016 arbitral award, the tribunal ruled in Enercon's favour on these disputes. It directed payment of royalties and component dues. It also ordered Wind World to return confidential technology belonging to Enercon.

The Bombay High Court later upheld the arbitral award. It also recorded that Wind World had not disputed the component supply liability of €19,025,296.38 plus interest.

“Accordingly, blanket treatment of the entirety of Enercon's claim at a notional value of Rs.1/- without differentiation is not fully sustainable,” the tribunal held.

The tribunal did not interfere with the treatment of Enercon's royalty-related claims, noting that those issues remain subject to pending proceedings before the Supreme Court.

On Enercon's objections regarding its confidential technology, the tribunal said the successful resolution applicant cannot obtain better rights than those available to Wind World.

“Accordingly, this Tribunal holds that the provisions of the Resolution Plan dealing with continued use of Enercon's technology/intellectual property requires an explicit clarification by the SRA so that the rights claims are consistent with the legal status of use of technology by the Corporate Debtor. It shall remain subject to the final outcome of the proceedings pending before the Hon'ble Supreme Court and cannot be construed as conferring any independent or vested proprietary or usage rights upon the Corporate Debtor or the Successful Resolution Applicant beyond such rights which are available to the Corporate Debtor in accordance with law,” the tribunal said.

The tribunal held that treating Enercon's admitted component supply claim of €19,025,296.38 at a notional value of ₹1 was unsustainable and said the resolution plan required appropriate correction.