w w w . L a w y e r S e r v i c e s . i n



JITF Water Infrastructure Limited v/s MSME Commissionerate & Others


Company & Directors' Information:- G K S INFRASTRUCTURE LIMITED [Active] CIN = L45400DL1985PLC021038

Company & Directors' Information:- A INFRASTRUCTURE LIMITED [Active] CIN = L25191RJ1980PLC002077

Company & Directors' Information:- K D P INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U74899DL1993PTC054780

Company & Directors' Information:- K P INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45203GJ2004PTC043482

Company & Directors' Information:- C INFRASTRUCTURE CORPORATION LIMITED [Strike Off] CIN = U61100DL1982PLC013968

Company & Directors' Information:- B & G INFRASTRUCTURE COMPANY PRIVATE LIMITED [Active] CIN = U40105TN2001PTC047408

Company & Directors' Information:- O B INFRASTRUCTURE LIMITED [Active] CIN = U45200TG2006PLC049067

Company & Directors' Information:- K U INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45206TG2008PTC096209

Company & Directors' Information:- Y T INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45202MH2010PTC206409

Company & Directors' Information:- N K B INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45200HR2011PTC042402

Company & Directors' Information:- R K D INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45209WB2009PTC131919

Company & Directors' Information:- B AND B INFRASTRUCTURE LIMITED [Active] CIN = U85110KA1987PLC008488

Company & Directors' Information:- K A J INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U70101DL2011PTC217204

Company & Directors' Information:- U C C INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45201MH2003PTC139844

Company & Directors' Information:- R L INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U70102UP2010PTC041755

Company & Directors' Information:- L K INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45400MH2010PTC203711

Company & Directors' Information:- B S R INFRASTRUCTURE PRIVATE LIMITED [Converted to LLP and Dissolved] CIN = U70101KA2006PTC038204

Company & Directors' Information:- B N A INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45201MH2006PTC163769

Company & Directors' Information:- S K J INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45102MH2001PTC131284

Company & Directors' Information:- K B A INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45202MH2009PTC194291

Company & Directors' Information:- V P M INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45400TN2011PTC082368

Company & Directors' Information:- K INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45201GJ2009PTC056299

Company & Directors' Information:- D G INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45401MH2004PTC146369

Company & Directors' Information:- E K INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45200TN2008PTC066962

Company & Directors' Information:- A & A INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U74899DL1976PTC008196

Company & Directors' Information:- K L N INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U70100KA2013PTC070361

Company & Directors' Information:- C P INFRASTRUCTURE PVT LTD [Active] CIN = U45201DL2005PTC143865

Company & Directors' Information:- G. R. INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45200MH2005PTC152633

Company & Directors' Information:- R P INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45200MH2003PTC141340

Company & Directors' Information:- K. J. INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45201MH2006PTC165014

Company & Directors' Information:- B S Y INFRASTRUCTURE PRIVATE LIMITED. [Active] CIN = U70101HR2006PTC064456

Company & Directors' Information:- M AND S INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45400TN2011PTC083038

Company & Directors' Information:- G B K INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45202MH2008PTC177202

Company & Directors' Information:- G K INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45200GJ2005PTC046213

Company & Directors' Information:- G S M INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45201DL2004PTC125377

Company & Directors' Information:- V K M INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45400UP2008PTC034606

Company & Directors' Information:- A V INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45203WB2006PTC111599

Company & Directors' Information:- S. J. INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45200DL2006PTC155904

Company & Directors' Information:- B. N. S. INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45400MH2010PTC206202

Company & Directors' Information:- B G M INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45400WB2011PTC162415

Company & Directors' Information:- S M V INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45200DL2006PTC155016

Company & Directors' Information:- K S INFRASTRUCTURE PRIVATE LIMITED. [Active] CIN = U70101MP2006PTC020722

Company & Directors' Information:- K B S INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U70101DL2005PTC136641

Company & Directors' Information:- D L H INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U52600JH2010PTC014524

Company & Directors' Information:- S N N INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45202KA2011PTC059893

Company & Directors' Information:- G. V. INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45400DL2012PTC234078

Company & Directors' Information:- S A P INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45201DL2005PTC141285

Company & Directors' Information:- K S K INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45400DL2008PTC175908

Company & Directors' Information:- N P L INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45400CH2009PTC031638

Company & Directors' Information:- K. E. INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45400MH2012PTC225658

Company & Directors' Information:- P A S INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45200DL2006PTC155015

Company & Directors' Information:- G S T INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45200MH2006PTC160073

Company & Directors' Information:- P J INFRASTRUCTURE PVT LTD [Active] CIN = U45200MH2006PTC159217

Company & Directors' Information:- S B M INFRASTRUCTURE LIMITED [Active] CIN = U70102CH1992PLC012381

Company & Directors' Information:- A V C INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U70102TG2007PTC056671

Company & Directors' Information:- V D INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45400WB2008PTC122820

Company & Directors' Information:- I V M INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45209TG2011PTC073968

Company & Directors' Information:- U S INFRASTRUCTURE INDIA PRIVATE LIMITED [Strike Off] CIN = U74999DL2002PTC117525

Company & Directors' Information:- B G R INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45202KA2012PTC065026

Company & Directors' Information:- N. R. INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45202GJ2006PTC049520

Company & Directors' Information:- K. G. R INFRASTRUCTURE PRIVATE LIMITED. [Strike Off] CIN = U70102DL2008PTC177822

Company & Directors' Information:- A L INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45200MH2008PTC184347

Company & Directors' Information:- N B INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45201OR2008PTC009989

Company & Directors' Information:- C. I. INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45203MP2005PTC018149

Company & Directors' Information:- S G INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45201RJ1999PTC015467

Company & Directors' Information:- J N INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45201OR2008PTC009789

Company & Directors' Information:- K C INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45200PB2008PTC032011

Company & Directors' Information:- C C I INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45201TN2007PTC063617

Company & Directors' Information:- A Q INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45400MH2010PTC203965

Company & Directors' Information:- A B INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45200MH2004PTC144994

Company & Directors' Information:- S H A INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45400UP2012PTC049795

Company & Directors' Information:- L V S INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45200TG2006PTC051289

Company & Directors' Information:- V H B INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45400DL2008PTC172682

Company & Directors' Information:- G A V INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U74999DL2007PTC158113

Company & Directors' Information:- S & I INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45400HR2007PTC037191

Company & Directors' Information:- V V S INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U70100KA2015PTC084214

Company & Directors' Information:- D L INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45201CT2018PTC008919

Company & Directors' Information:- G. H. INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45309UP2020PTC126090

Company & Directors' Information:- L R INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45402TN2007PTC064029

Company & Directors' Information:- G. D. INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45209MH2010PTC208011

Company & Directors' Information:- G N R INFRASTRUCTURE (INDIA) LIMITED [Strike Off] CIN = U45200TG2009PLC065140

Company & Directors' Information:- A R K INFRASTRUCTURE INDIA PRIVATE LIMITED [Strike Off] CIN = U74900TG2015PTC100714

Company & Directors' Information:- B K INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45201DL2005PTC136992

Company & Directors' Information:- R A INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U74899DL2005PTC143884

Company & Directors' Information:- C. A. D. INFRASTRUCTURE INDIA PRIVATE LIMITED [Strike Off] CIN = U45201MP1997PTC012280

Company & Directors' Information:- B R G INFRASTRUCTURE LIMITED [Active] CIN = U45201GJ2008PLC052708

Company & Directors' Information:- O P L INFRASTRUCTURE PRIVATE LIMITED [Converted to LLP and Dissolved] CIN = U70101HR2009PTC039553

Company & Directors' Information:- C M INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45201DL2003PTC122794

Company & Directors' Information:- L & C INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45200KA2008PTC046271

Company & Directors' Information:- R. S. V. INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U70100WB2008PTC127373

Company & Directors' Information:- C D E INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45201MH2012PTC235483

Company & Directors' Information:- V & B INFRASTRUCTURE (I) PRIVATE LIMITED [Under Process of Striking Off] CIN = U45400MH2010PTC206803

Company & Directors' Information:- D B G INFRASTRUCTURE (INDIA) PRIVATE LIMITED [Strike Off] CIN = U45209PN2010PTC137319

Company & Directors' Information:- C & C INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U74210PN2008PTC133179

Company & Directors' Information:- M N V INFRASTRUCTURE (INDIA) PRIVATE LIMITED [Strike Off] CIN = U45202AN2010PTC000130

Company & Directors' Information:- S C N INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U67200TG1995PTC021606

Company & Directors' Information:- K K S WATER PRIVATE LIMITED [Active] CIN = U52100WB2014PTC199844

Company & Directors' Information:- S P H R INFRASTRUCTURE PVT LTD [Strike Off] CIN = U45209WB2006PTC109280

Company & Directors' Information:- J V INFRASTRUCTURE PRIVATE LIMITED [Under Process of Striking Off] CIN = U45201DL2005PTC139686

Company & Directors' Information:- S I S INFRASTRUCTURE PRIVATE LIMITED [Under Process of Striking Off] CIN = U70200DL2014PTC263278

Company & Directors' Information:- A S INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U70109DL1996PTC084029

Company & Directors' Information:- P G INFRASTRUCTURE PRIVATE LIMITED [Converted to LLP] CIN = U70109DL1996PTC084030

Company & Directors' Information:- B S INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U70109DL1996PTC084031

Company & Directors' Information:- M S INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U70109DL1996PTC084032

Company & Directors' Information:- Z M INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45200GJ2010PTC063179

Company & Directors' Information:- J B C INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45203PN1998PTC112753

Company & Directors' Information:- J K L INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45203TG1998PTC030087

Company & Directors' Information:- R L E S INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45309TN2008PTC069251

Company & Directors' Information:- I I C INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U70109DL2006PTC152588

Company & Directors' Information:- H. G. INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45201GJ2007PTC049740

Company & Directors' Information:- OF WATER PRIVATE LIMITED [Active] CIN = U51909MH2018PTC317142

Company & Directors' Information:- AND INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U74999PY2016PTC008099

Company & Directors' Information:- J INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U70200UR2012PTC000254

Company & Directors' Information:- T S INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U70100MP2008PTC021187

Company & Directors' Information:- G T INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45200GJ2011PTC064637

Company & Directors' Information:- G L INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45201GJ2007PTC050660

Company & Directors' Information:- M I J INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45201DL2004PTC125213

Company & Directors' Information:- B T INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45202GJ2004PTC043463

Company & Directors' Information:- S B H INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U60231MH2011PTC217039

Company & Directors' Information:- Z & B INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U70200MH2007PTC166887

Company & Directors' Information:- S & O INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45400MH2011PTC214034

Company & Directors' Information:- D P S INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45200MH2006PTC159955

Company & Directors' Information:- T S A INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45400UP2014PTC065137

Company & Directors' Information:- V B G INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U70100TG2010PTC069278

Company & Directors' Information:- G S V INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45209TG2008PTC059195

Company & Directors' Information:- M N C INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45209TG2011PTC077524

Company & Directors' Information:- M I T INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45400DL2008PTC180830

Company & Directors' Information:- V N INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45400DL2010PTC203928

Company & Directors' Information:- K K S INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U74999DL2007PTC159678

Company & Directors' Information:- U R INFRASTRUCTURE COMPANY PRIVATE LIMITED [Active] CIN = U45201DL2004PTC127085

Company & Directors' Information:- I K INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45201DL2005PTC135711

Company & Directors' Information:- S S T INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45201DL2005PTC137437

Company & Directors' Information:- D S INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45201DL2005PTC138026

Company & Directors' Information:- A J S INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45201DL2005PTC140640

Company & Directors' Information:- M R INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45201DL2005PTC143565

Company & Directors' Information:- V INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U70200DL2009PTC191676

Company & Directors' Information:- T. G. S. WATER PRIVATE LIMITED [Strike Off] CIN = U51109DL2010PTC205948

Company & Directors' Information:- K W INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U70102DL2011PTC224462

Company & Directors' Information:- A S M INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U70102DL2015PTC279049

Company & Directors' Information:- J V B INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U70102DL2015PTC283560

Company & Directors' Information:- A K S T INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U70109DL2012PTC236675

Company & Directors' Information:- M. A. INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45200DL2007PTC158810

Company & Directors' Information:- G S K INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45200DL2006PTC155120

Company & Directors' Information:- H V INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45200DL2007PTC158234

Company & Directors' Information:- R. R. G INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45200DL2007PTC170567

Company & Directors' Information:- B P M INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45200DL2008PTC179121

Company & Directors' Information:- WATER INDIA PRIVATE LIMITED [Active] CIN = U74990DL2016PTC298912

Company & Directors' Information:- M & H INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U80904DL2007PTC166303

Company & Directors' Information:- B H I INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U70101MP2012PTC029256

Company & Directors' Information:- S AND Y INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45200MP2013PTC031382

Company & Directors' Information:- P V R N INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45400HR2010PTC040311

Company & Directors' Information:- C D INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U74900HR2007PTC037175

Company & Directors' Information:- R J S INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45201GJ2009PTC055941

Company & Directors' Information:- B R B INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45201GJ2008PTC053682

Company & Directors' Information:- B. R. INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45201GJ2008PTC054103

Company & Directors' Information:- J S INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45203GJ2003PTC042641

Company & Directors' Information:- A AND H INFRASTRUCTURE LIMITED [Strike Off] CIN = U45203MH1998PLC117368

Company & Directors' Information:- D L C INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45201PB2007PTC031022

Company & Directors' Information:- R S J INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45300DL2007PTC167583

Company & Directors' Information:- N K INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45200DL2006PTC156614

    R. Special Civil Application No. 11169 of 2018

    Decided On, 09 September 2019

    At, High Court of Gujarat At Ahmedabad

    By, THE HONOURABLE MR. JUSTICE A.Y. KOGJE

    For the Petitioner: H.M. Parikh, Senior Advocate Assisted by M/s. Rasesh Parikh, Hemang Parikh, Advocates. For the Respondents: R1, Dhawan Jayswal, AGP., R2, Mitul Shelat with Rutul P. Desai (6498), R3, G.M. Amin (124), Advocates.



Judgment Text

Oral Order:

1. This petition is filed under Article 226 of the Constitution of India for quashing and setting aside order dated 30.06.2018 (Annexure-A) passed by MSME Commissionerate. Under the said order, reference was made to respondent No.3 for arbitral proceeding in exercise of power under Section 18(3) of the Micro, Small and Medium Enterprises Development Act, 2006 (hereinafter to be referred as "MSME Act").

2. Learned Senior Advocate for the petitioner submitted that the petitioner is an Infrastructure Company and had entered into an agreement with joint venture consisting of Aquafil Polymers Company Pvt. Ltd.

(respondent No.2) and Wintech Engineering Pvt. Ltd. in respect of the work order issued in favour of the petitioner under 'Guwahati Water Supply Project'. It is submitted that respondent No.2 and Wintech Engineering Pvt. Ltd. being joint venture were separate entities. The joint venture did not perform its work as per the agreement and therefore, the petitioner was constrained to issue several notices to overcome defaults /breaches /defects in the work done. As the work was not carried out as per the agreement and to the satisfaction, by notice dated 08.01.2018, contract was terminated. Under the terms of the agreement, more particularly providing for arbitration clause, the joint venture, vide letter dated 08.02.2018 proposed name of Hon'ble Retired Supreme Court Judge as sole Arbitrator to adjudicate the disputes. In response, the petitioner took a stand by letter dated 14.02.2018 that under the relevant clause of the agreement, only the petitioner had right to appoint Arbitrator and such right was not available to the joint venture and accordingly, Hon'ble Retired Supreme Court Judge was appointed as sole Arbitrator.

2.1 It is submitted that the Hon'ble Retired Supreme Court Judge entered into the reference and directed the parties to appear for preliminary hearing. At that stage, respondent No.1-constituent of the joint venture, filed application before respondent No.1 by invoking provisions of the MSME Act.

2.2 Respondent No.1 issued notice. The petitioner appeared in response to such notice and ultimately, respondent No.1 reported failure of conciliation as provided under Section 18(2) and referred the matter to respondent No.3 in exercise of powers under Section 18(3).

2.3 Learned Senior Advocate for the petitioner submitted that the impugned order is in excess of jurisdiction by Respondent No.1 inasmuch as there is no privity of contract between Petitioner and Respondent No.2. It is submitted that reference under section 18 is competent only if condition under section 17 is satisfied i.e. if there is relation of supplier and buyer between the parties. In the case of hand, without admitting the fact that Respondent No.2 is supplier within meaning of the Act, there is no relation between Respondent No.2 and Petitioner much less that of buyer and supplier. 2.4 It is submitted that the order is a non- speaking order. It is cardinal rule of the law that quasi-judicial authority exercising its function must pass speaking order. In the facts of the present case, the Petitioner has filed detailed response contesting issuance of notice by Respondent No.1. It was incumbent upon Respondent No.1 to decide every contention raised by Petitioner failing which impugned order is non-speaking and untenable.

2.5 It is submitted that Respondent No.2 is alien as far as dispute between Petitioner and JV. It is submitted that JV and Respondent No.2 are two independent legal entities and in a contract made by JV with third parties, Respondent No.2 has no privity. In the facts of the present case, Respondent No.2 has no privity of contract with Petitioner and therefore, in a dispute between Petitioner and JV, Respondent No.2 has no locus standi.

2.6 The Respondent No.2 and AquafilWintech JV are two different entities in eye of law. The Petitioner had entered into contract with AquafilWintech JV (page 17) and the dispute has arisen between Petitioner and AquafilWintech JV to which Respondent No.2 is alien. It is submitted that following facts will demonstrate independence of AquafilWintech JV and Respondent No.2:

a. AquafilWintech JV is joint venture between Respondent No. 2 and M/s. Wintech Engineering Private Ltd. (Refer clause 1 on page 207 & also page 210 at clause 2).

b. AquafilWintech JV is defined as 'Sub- contractor' in the said contract (page 22) and it includes its legal successors and permitted assigns.

c. AquafilWintech JV is duly incorporated entity and validly existing under the laws of India (Page 29, Clause 3.1.1) and having its registered office at 202-203, Shyamak Complex, Near Kamdhenu Complex, Polytechnic, Ahmedabad 380015 (Page 163 clause 2).

d. The address of AquafilWintech JV for the purpose of communication as per the contract is (page 47, clause 16) is Plot No.682, UdyogVihar Phase-V. Gurgaon, Haryana-486001 whereas that of Respondent No.2 is 202-203, Shyamak Complex, Near Kamdhenu Complex, Polytechnic, Ahmedabad 380015.

2.7 It is submitted that there is no privity of contract between Petitioner and Respondent No.2 much less relationship of buyer [Section 2(d)] and supplier [Section 2(n)] as prescribed under the MSME Act. The relationship of buyer and supplier within the meaning of the Act is sine qua non for referring parties to the arbitration by Respondent No.1. In view of the lack of this basic relationship between the Petitioner and Respondent No.2, the mandatory requirements of Sec. 15, 17 & Sec. 18 of the Act are not fulfilled and consequently, the order is without jurisdiction and therefore amenable to writ jurisdiction of this Court. 2.8 It is submitted that the jurisdiction of Respondent No.1 invoked by Respondent No.2 is with respect to contract entered between Petitioner and AquafilWintech JV and therefore, exercise of jurisdiction by Respondent No.1 is illegal as Respondent No.2 is not a party to the contract between Petitioner and AquafilWintech JV. (Refer page 205 at clause 6 & 7 and page 17 respectively). Thus, order impugned in the present petition being without jurisdiction, as Respondent No.1 is authority prescribed by State Government under the provisions of the Act. In fact, at page 211, in an application before Respondent No.1, Respondent No.2 states that contract dated 08.08.2014 was entered between Petitioner and AquafilWintech JV (here AquafilWintech JV is defined as "Project company (refer page 210). Thus, in the words of Respondent No.2 before Respondent No.1, the contract dated 08.08.2014 is between Petitioner and AquafilWintech JV.

2.9 It is further submitted that the proceedings of arbitration referred by Respondent No.1 are subject to provisions of the Arbitration and Conciliation Act, 1996 as per Sec.18 of the Act. Sec.7 of the Arbitration and Conciliation Act, 1996 states that there has to be written agreement between the parties. The provisions of the Act by operation of law presumes about written agreement in view of relationship of buyer and supplier. In the facts of the present case, since relationship of supplier and buyer is lacking between Petitioner and Respondent No.2, there is no fulfillment of mandatory condition of Sec.7 of the Arbitration and Conciliation Act, 1996.

2.10 It is further submitted that without prejudice to above, the arbitration between Petitioner and Respondent No.2 is futile as neither Petitioner has any claim against Respondent No.2 and vice-versa as there is no relationship between the parties. Thus, order is without application of mind.

2.11 The arbitration pursuant to order is used as an arm twisting exercise as parties to the dispute i.e. Petitioner and AquafilWintech JV are before the Arbitration Tribunal and proceeding before Respondent No.1 are used to thwart the proper remedy invoked under the contract. Put it differently, Respondent No.2 is using proceeding before Respondent No.1 as tool to keep at bay arbitration invoked under the contract by Petitioner.

3. As against this, learned Advocate for respondent No.2 submitted that the petitioner has suppressed material facts to his knowledge as insofar as arbitration referred to by the petitioner to the Hon'ble Retired Supreme Court Judge, the same is ordered not to be proceeded, which is communicated by the sole Arbitrator vide communication dated 26.03.2018. Therefore, it cannot be said that reference is entered into by the sole Arbitrator.

3.1 It is submitted that the order of respondent No.1 is as per the provisions of the MSME Act, more particularly Section 18(3). It is submitted that once the order is passed under Section 18(3) of the Act then the provision of Arbitration and Conciliation Act, 1996 will apply to the dispute as if the arbitration was in pursuance of an arbitration agreement referred to in sub- section 1 of Section 7 of that Act. It is submitted that if the impugned order is perused, the Council has already held that the matter is referred to the GCCI, who will be an arbitrator for arbitration proceeding under Section 18(3) of the MSMED Act, 2006. It is further submitted that thereafter the respondent No.1, has issued the letter to GCCI dated 6.7.2018, with a copy to the petitioner and the respondent No.2, intimating the said fact to the petitioner and the respondent No.2 herein.

Further, the G.C.C.I. has accepted the referred arbitration by Resp.-1 vide its letter dated 12.7.2018 and has also vide its communication dated 20.7.2018 has communicated to the Resp.-2 and petitioner herein, inviting the parties to resolve the issues at G.C.C.I.- ADRC.

3.2 It is submitted that in the present case the request for the dispute to be referred to the arbitration is received by the petitioner and Resp.-2 through impugned order dated 30.6.2018, as well as again a letter dated 6.7.2018 is issued by Resp.-1 G.C.C.I., referring the dispute to G.C.C.I. for arbitration, and thereafter G.C.C.I. communication dated 20.7.2018 communicating to the petitioner and Resp.-2, inviting the parties to resolve the issues at GCCI-ADRC, amounts to commencement of arbitration proceeding under Section 21 of the Act and therefore, Section 5 of the Arbitration & Conciliation Act, 1996, will come into play which restricts the judicial intervention "wherein notwithstanding anything contained in any other law for the time being in force in the matter governed by this part, no judicial Authority shall intervene except where so provided in this part". In view of above, the present petition is required to be rejected on the ground of bar that has been provided under Section 5 of the Arbitration & Conciliation Act, 1996.

3.3 It is submitted that it appears that the sole contention raised in the memo of petition by the petitioner is on the ground that Aquafil-Wintech JV and respondent No.2 are two separate legal entity and the respondent No.2 has no privity of contract with the petitioner. However, the fact is that the Aquafil JV is an unincorporated joint venture and, therefore, right can be claimed through their respective parties to the Agreement. It is submitted that the petitioner is fully aware that it is merely a contractual joint venture which does not have a separate legal entity. Even otherwise, it is submitted that for execution of the project, the petitioner has taken the individual performance Bank Guarantee bearing No.0505414BG0022899 dated 3.11.2014 of Rs.99,33,750/- from M/s. Aquafil Polymers Co. Pvt. Ltd. - Resp. No.2 herein and another performance Bank Guarantee bearing No.0007BG00147915 dated 24.10.2014 of Rs.99,33,750/- was taken from M/s. Wintech Engineering Pvt. Ltd., receiving these Bank Guarantees and later on invoking the same by the petitioner itself shows that there was a privity of contract between the petitioner and the respondent No.2 and, therefore, also on this ground, the contention raised by petitioner in petition is devoid of any merits. It is submitted that by accepting the individual bank guarantee of Resp. 2 and thereby invoking the said bank guarantee, petitioner itself have recognized that there is a privity of contract between the petitioner and respondent no.2 and therefore at this stage it is not open for the petitioner to sate that there is no contract with Resp. no.2 and therefore the ground raised by the petitioner is devoid of any merits.

3.4 It is further submitted that if the scheme of the Act, 2006 is seen, then it can be clearly seen that any order passed under section 18(3) is a consequence of the order under section 18(2), meaning thereby section 18(3) is dependent upon the proceedings under section 18(2), therefore without there being any challenge to the decision taken by the M.S.E.F council under section 18(2) of the Act, 2006, the challenge of the order under section 18(3) alone is not maintainable.

4. Learned Advocate Mr.Amin for respondent No.3 has supported the decision of respondent No.1 and submitted that even non-signatory or third party can be subjected to arbitration. He relied upon judgment of the Apex Court in case of Chloro Controls India Private Limited Vs. Severn Trent water Purification Inc. & Ors., reported in (2013) 1 SCC, 641.

5. In rejoinder, learned Senior Advocate for the petitioner tried to submit that the JV and respondent No.2 are separate entities, by drawing attention of the Court to the addresses mentioned of the respective parties being different.

6. Having heard learned Advocates for the parties and having perused documents on record, it appears the petitioner entered into an agreement with M/s.Aquafil- Wintech JV, a joint venture of Aquafil Polymers Co. Pvt. Ltd., i.e. respondent No.2 and Wintech Engineering Pvt. Ltd. In respect of Work Order No.JWIL/GU-1/CS/14054/PH dated 08.08.2014, on Turnkey basis. The said work order related to procurement of Design, Supply, installation and Commissioning of Intake Facilities, Transmission Mains, Water Treatment Plant and Reservoir for North Zone [Contract package No.C-01] including 5 years of operation and Maintenance of JICA funded Guwahati Water Supply Project. The completion period of the contract for the work other than operation & maintenance (O&M) service was 28 months from the commencement date. Thereafter the JV was obliged to render O&M service for 5 years. The total contract value was Rs.79.47 Crore for EPC and O&M.

7. In the subcontract agreement on back to back basis executed on 08.08.2014, the party to the agreement as second part is M/s.Aquafil-Wintech JV. The constituent of the JV being set up by and between Aquafil Polymers Co. Pvt. Ltd. (lead partner of JV firm)- respondent No.1 herein and Wintech Engineering Pvt. Ltd. The principal employer of the contract as defined in the agreement is Guwahati Metropolitan Development Authority, Guwahati. The sub-contractors is to mean M/s.Aquafil- Wintech JV. JWIL, which is the petitioner and JWIL- Ranhill JV is consortium of JWIL and Ranhill Utilities, Malaysia. The principal agreement is between the principal employer and JWIL-Ranhill JV. Clause-20.1 provides for 'Amicable Settlement'. Clause-20.2 provides for 'Assistance of Export' for the purpose and Clause- 20.3 provides for 'Arbitration'. From the facts, it appears that in terms of the agreement, both the constituents of JV, viz. Aquafil Polymers Co. Pvt. Ltd. and Wintech Engineering Pvt. Ltd. have given their individual performance guarantees which, accepted by the petitioner. It is the case of respondent No.1 and not controverted by the petitioner that such performance bank guarantees were invoked by the petitioner. Therefore, apparently, the petitioner has also recognized individual existence of separate entities, i.e. Aquafil Polymers Co. Pvt. Ltd. and Wintech Engineering Pvt. Ltd. and by entering into the contract with JV, has accepted both the constituents as a JV. On account of disputes, the JV had issued notice to the petitioner. However, there was no reconciliation as provided under the agreement and therefore, JV invoked arbitration clause of the contract proposing a sole Arbitrator, to which the petitioner refuted the allegations and under Clause-20.3 concluded that the authority to appoint sole Arbitrator lies with the petitioner company and therefore, appointed Hon'ble Retired Supreme Court Judge as sole Arbitrator. The order of the sole Arbitrator dated 26.03.2018 records existence of and resorting to remedy available under the MSME Act and proceeded to record arbitration to proceed only after parties to the arbitration are clear about applicability of MSME Development Act, 2006.

8. The question therefore comes up for consideration as to whether in the facts of the case, respondent No.2-a constituent of JV can invoke provisions of the MSME Act. As recorded earlier, the petitioner had accepted the JV of the two separate entities, viz. Aquafil Polymers Co. Pvt. Ltd. and Wintech Engineering Pvt. Ltd., both covered under the MSME Act independently. Section 2(d) of the MSME Act defines "buyer" to mean whoever buys any goods or receives any services from a supplier for consideration. Section 2(n) of the MSME Act defines "supplier" and reads as under:-

"2(n)"supplier" means a micro or small enterprise, which has filed a memorandum with the authority referred to in sub-section (1) of section 8, and includes,-

(i) the National Small Industries Corporation, being a company, registered under the Companies Act, 1956 (1 of 1956);

(ii) the Small Industries Development Corporation of a State or a Union territory, by whatever name called, being a company registered under the Companies Act, 1956 (1 of 1956);

(iii) any company, co-operative soc

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iety, trust or a body, by whatever name called, registered or constituted under any law for the time being in force and engaged in selling goods produced by micro or small enterprises and rendering services which are provided by such enterprises; 9. Considering the relationship between the petitioner and the respondent No.2 based on the agreement referred to hereinabove, the Court is of the view that insofar as the petitioner is concerned, respondent No.2 would fall in the definition of "supplier" as sub-clause (iii) of Clause-2(n) clearly includes any entity by whatever name called registered or constituted under any law and engaged in selling goods produced by micro or small enterprises and rendering services which are provided by such enterprises. Without any manner of doubt, respondent No.2, an MSME and the nature of work under the agreement will attract requirements of definition of "supplier". Hence, MSME Act was correctly invoked by respondent No.1. Section 18 provides for "Reference to Micro and Small Enterprises Facilitation Council". Respondent No.1, being one such constituted council under Section 18, was within its power to receive reference under Section 18(2), which provides that the council shall itself either conduct conciliation or seek assistance of any institution or centre providing for alternate dispute resolution services. In the instant case, in exercise of powers under Section 18(2), the council came to conclusion that the council itself is not in a position to reconcile the dispute and therefore, was left with option to refer the conciliation involved under Section 18(3). In this case, such reference is made to respondent No.3. The impugned order therefore appears to be in consonance with the requirements of relevant provisions of the MSME Act. 10. In view of the aforesaid, no interference is called for. The petition deserves to be and is hereby dismissed. Notice is discharged. No order as to costs.
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