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



M/s. Mech Engineers, Erectors Pvt. Ltd. v/s M/s. Simhapuri Energy Ltd. & Another


Company & Directors' Information:- SIMHAPURI ENERGY LIMITED [Active] CIN = U40101TG2005PLC048264

Company & Directors' Information:- ENGINEERS INDIA LIMITED [Active] CIN = L74899DL1965GOI004352

Company & Directors' Information:- H-ENERGY PRIVATE LIMITED [Active] CIN = U40300MH2007PTC175626

Company & Directors' Information:- A A ENERGY LIMITED [Active] CIN = U40100MH2005PLC157604

Company & Directors' Information:- K M ENERGY PRIVATE LIMITED [Active] CIN = U40300UP2014PTC067293

Company & Directors' Information:- R. R. ENERGY LIMITED [Active] CIN = U40109CT2004PLC016580

Company & Directors' Information:- B S B K ENGINEERS PRIVATE LIMITED [Amalgamated] CIN = U74210DL1985PTC021596

Company & Directors' Information:- ENERGY INDIA CORPORATION LIMITED [Strike Off] CIN = U40101MH2008PLC181157

Company & Directors' Information:- B & S ENERGY PRIVATE LIMITED [Active] CIN = U40108KA2008PTC048416

Company & Directors' Information:- M M ENGINEERS PRIVATE LIMITED [Active] CIN = U02919TZ1987PTC001936

Company & Directors' Information:- D K D ENGINEERS PRIVATE LIMITED [Active] CIN = U18101TZ1993PTC004673

Company & Directors' Information:- N L ENGINEERS PRIVATE LIMITED [Active] CIN = U27109PB1997PTC020362

Company & Directors' Information:- M. E ENERGY PRIVATE LIMITED [Active] CIN = U51503PN1998PTC114226

Company & Directors' Information:- K ENERGY COMPANY LIMITED [Active] CIN = U40100CT2007PLC020433

Company & Directors' Information:- S AND T ENGINEERS PRIVATE LIMITED [Active] CIN = U51103TZ2009PTC015456

Company & Directors' Information:- V A ENGINEERS PRIVATE LIMITED [Amalgamated] CIN = U29299MH1997PTC215888

Company & Directors' Information:- I & B ENGINEERS PRIVATE LIMITED [Active] CIN = U45309WB2008PTC124644

Company & Directors' Information:- U R ENERGY (INDIA) PRIVATE LIMITED [Active] CIN = U40108GJ2011PTC067834

Company & Directors' Information:- AT AND T ENGINEERS PRIVATE LIMITED [Active] CIN = U45203DL2012PTC239940

Company & Directors' Information:- N K R ENGINEERS PRIVATE LIMITED [Active] CIN = U29293GJ2004PTC045176

Company & Directors' Information:- C C ENGINEERS PVT LTD [Active] CIN = U30009PN1991PTC063868

Company & Directors' Information:- M AND T ENGINEERS PRIVATE LIMITED [Active] CIN = U74899DL1989PTC036107

Company & Directors' Information:- J G ENGINEERS PVT LTD [Active] CIN = U45402WB1970PTC027713

Company & Directors' Information:- B & G ENERGY PRIVATE LIMITED [Active] CIN = U40107TN2006PTC061362

Company & Directors' Information:- P E ENGINEERS PVT LTD [Active] CIN = U74210TG1981PTC003247

Company & Directors' Information:- M S ENGINEERS INDIA PRIVATE LIMITED [Strike Off] CIN = U45200MH2006PTC159314

Company & Directors' Information:- C K ENGINEERS INDIA PRIVATE LIMITED [Active] CIN = U74200CH1997PTC020744

Company & Directors' Information:- U N F ENGINEERS INDIA PRIVATE LIMITED [Active] CIN = U31102AS2003PTC007198

Company & Directors' Information:- A V ENGINEERS PRIVATE LIMITED [Active] CIN = U29306CH2002PTC024874

Company & Directors' Information:- J AND K ENGINEERS PVT LTD [Converted to LLP and Dissolved] CIN = U29259GJ1982PTC005625

Company & Directors' Information:- J C I ENERGY PRIVATE LIMITED [Converted to LLP] CIN = U40102KA2011PTC058550

Company & Directors' Information:- ENERGY INDIA LIMITED [Strike Off] CIN = U74899DL1998PLC096211

Company & Directors' Information:- T & I ENGINEERS PRIVATE LIMITED [Active] CIN = U29252AS2000PTC006243

Company & Directors' Information:- H B ENGINEERS PRIVATE LIMITED [Active] CIN = U65910GJ1995PTC027208

Company & Directors' Information:- B. K. ENGINEERS (INDIA) PRIVATE LIMITED [Active] CIN = U28112MH2011PTC214002

Company & Directors' Information:- MECH ENGINEERS AND ERECTORS PRIVATE LIMITED [Active] CIN = U74210TG1999PTC032236

Company & Directors' Information:- K C K ENGINEERS INDIA PRIVATE LIMITED [Strike Off] CIN = U29299DL1993PTC056432

Company & Directors' Information:- S & S ERECTORS PVT LTD [Active] CIN = U45209WB1980PTC032760

Company & Directors' Information:- INDIA ENERGY PRIVATE LIMITED. [Strike Off] CIN = U74899DL2000PTC103993

Company & Directors' Information:- I I S C ENGINEERS PRIVATE LIMITED [Strike Off] CIN = U45201TN1986PTC013124

Company & Directors' Information:- J. S. W. ENGINEERS PRIVATE LIMITED [Active] CIN = U29120MH2010PTC288640

Company & Directors' Information:- K A ENGINEERS PRIVATE LIMITED [Active] CIN = U74999DL2003PTC119859

Company & Directors' Information:- K L R ENGINEERS PRIVATE LIMITED [Active] CIN = U74210TG1996PTC024040

Company & Directors' Information:- V ENERGY PRIVATE LIMITED [Active] CIN = U40102TG2011PTC073693

Company & Directors' Information:- J B C ENGINEERS PRIVATE LIMITED. [Active] CIN = U31300DL2004PTC125469

Company & Directors' Information:- T R ENGINEERS PRIVATE LIMITED [Active] CIN = U29111DL2004PTC126852

Company & Directors' Information:- D C ENGINEERS PRIVATE LIMITED [Active] CIN = U74210MH1999PTC118382

Company & Directors' Information:- E C ENGINEERS PVT LTD [Active] CIN = U28920MH1981PTC024675

Company & Directors' Information:- B J & P ENGINEERS PRIVATE LIMITED [Active] CIN = U28910TN2008PTC067728

Company & Directors' Information:- K B ENGINEERS PVT LTD [Strike Off] CIN = U27202WB1987PTC041979

Company & Directors' Information:- N B S ENGINEERS (INDIA) PRIVATE LIMITED [Active] CIN = U74999DL1998PTC096033

Company & Directors' Information:- N. C. R. ENGINEERS PRIVATE LIMITED [Active] CIN = U45400UP2008PTC034625

Company & Directors' Information:- V K G ENGINEERS PVT LTD [Strike Off] CIN = U45202PB2006PTC030194

Company & Directors' Information:- S M M ENERGY PRIVATE LIMITED [Active] CIN = U40109TG2014PTC092679

Company & Directors' Information:- C & C ENERGY PRIVATE LIMITED [Active] CIN = U29299DL2010PTC204724

Company & Directors' Information:- J C ENGINEERS PRIVATE LIMITED [Active] CIN = U29248HR1988PTC030208

Company & Directors' Information:- A TO Z MECH (INDIA) PRIVATE LIMITED [Active] CIN = U74999PN2006PTC128478

Company & Directors' Information:- U S G ENERGY PRIVATE LIMITED [Active] CIN = U29307TZ2005PTC012414

Company & Directors' Information:- K C ENGINEERS LIMITED [Active] CIN = U74999HR2005PLC035602

Company & Directors' Information:- K C ENGINEERS PRIVATE LIMITED [Active] CIN = U74999HR2005PTC035602

Company & Directors' Information:- H H ENGINEERS PRIVATE LIMITED [Active] CIN = U27109PB1996PTC018479

Company & Directors' Information:- A B T ENERGY PRIVATE LIMITED [Active] CIN = U40108KA1983PTC005321

Company & Directors' Information:- C & L ENGINEERS (INDIA) PVT. LTD. [Strike Off] CIN = U29190DL1998PTC096952

Company & Directors' Information:- G AND M ENGINEERS PVT. LTD. [Strike Off] CIN = U74210MH1986PTC041517

Company & Directors' Information:- A & T ENERGY PRIVATE LIMITED [Strike Off] CIN = U40106GJ2012PTC070207

Company & Directors' Information:- H V ENGINEERS PVT LTD [Active] CIN = U45202PB1978PTC003839

Company & Directors' Information:- M K C ENGINEERS PVT LTD [Active] CIN = U30009WB1988PTC045711

Company & Directors' Information:- K E ENERGY PRIVATE LIMITED [Strike Off] CIN = U40300TN2011PTC080288

Company & Directors' Information:- I T ENGINEERS PRIVATE LIMITED [Active] CIN = U45201DL2005PTC136156

Company & Directors' Information:- E B P ENGINEERS PRIVATE LIMITED [Strike Off] CIN = U52392DL2003PTC118311

Company & Directors' Information:- L S ENGINEERS PRIVATE LIMITED [Active] CIN = U29120MH2000PTC129659

Company & Directors' Information:- H V ENGINEERS P LTD. [Active] CIN = U27106WB1990PTC050281

Company & Directors' Information:- S M R ENGINEERS PRIVATE LIMITED [Strike Off] CIN = U29199TZ2000PTC009464

Company & Directors' Information:- H L E ENGINEERS PRIVATE LIMITED [Amalgamated] CIN = U29199GJ2004PTC044905

Company & Directors' Information:- V V S ENGINEERS PRIVATE LIMITED [Under Process of Striking Off] CIN = U27310AP1985PTC005668

Company & Directors' Information:- A C F ENGINEERS PRIVATE LIMITED [Active] CIN = U15209MH1988PTC049094

Company & Directors' Information:- V B ENGINEERS PRIVATE LIMITED [Active] CIN = U25209MH2009PTC191163

Company & Directors' Information:- D V ENGINEERS PRIVATE LIMITED [Strike Off] CIN = U74899DL1994PTC061013

Company & Directors' Information:- F L B ENGINEERS PRIVATE LIMITED [Active] CIN = U28932MH1985PTC035994

Company & Directors' Information:- ENGINEERS MECH INDIA PRIVATE LIMITED [Active] CIN = U74899DL1995PTC072167

Company & Directors' Information:- S B R ENGINEER'S PRIVATE LIMITED [Strike Off] CIN = U45202WB2000PTC092506

Company & Directors' Information:- J. S. W. ENGINEERS PRIVATE LIMITED [Active] CIN = U29120PN2010PTC136515

Company & Directors' Information:- R K R ENGINEERS (INDIA) PRIVATE LIMITED [Active] CIN = U45206TN2013PTC092795

Company & Directors' Information:- S D ERECTORS PRIVATE LIMITED [Strike Off] CIN = U45400MH2010PTC205010

Company & Directors' Information:- V A R ENERGY INDIA PRIVATE LIMITED [Strike Off] CIN = U40300TG2014PTC095926

Company & Directors' Information:- P J B ENGINEERS PRIVATE LIMITED [Active] CIN = U74210KA1999PTC024856

Company & Directors' Information:- C & N ENERGY PRIVATE LIMITED [Strike Off] CIN = U40100KL2011PTC028837

Company & Directors' Information:- H M S ENGINEERS PRIVATE LIMITED [Strike Off] CIN = U29219CH1991PTC011585

Company & Directors' Information:- J L ENGINEERS PRIVATE LIMITED [Strike Off] CIN = U28920MH2000PTC124206

Company & Directors' Information:- P M C ENGINEERS PVT LTD [Strike Off] CIN = U74210KL1981PTC003354

Company & Directors' Information:- M K D ENERGY PRIVATE LIMITED [Active] CIN = U31908UP2015PTC070501

Company & Directors' Information:- J J V ENGINEERS PRIVATE LIMITED [Active] CIN = U74200HR2013PTC048964

Company & Directors' Information:- P T R ENGINEERS PRIVATE LIMITED [Under Liquidation] CIN = U31901TN1979PTC007806

Company & Directors' Information:- S L V ENGINEERS PRIVATE LIMITED [Active] CIN = U72501TZ2000PTC009366

Company & Directors' Information:- C. B. S. ENGINEERS PRIVATE LIMITED [Strike Off] CIN = U74120UP2011PTC045651

Company & Directors' Information:- C I T L ENERGY PRIVATE LIMITED [Strike Off] CIN = U40108TG2010PTC066844

Company & Directors' Information:- C R B ENERGY PRIVATE LIMITED [Active] CIN = U40108TG2010PTC066845

Company & Directors' Information:- M R K ENGINEERS PRIVATE LIMITED [Active] CIN = U21014KA1995PTC018466

Company & Directors' Information:- ENERGY ENGINEERS PVT LTD [Active] CIN = U74899DL1980PTC014208

Company & Directors' Information:- H R M ENGINEERS PRIVATE LIMITED [Active] CIN = U45200MH1998PTC117606

Company & Directors' Information:- P C ENGINEERS PRIVATE LIMITED [Active] CIN = U34300CH1985PTC006093

Company & Directors' Information:- J S ENERGY PRIVATE LIMITED [Active] CIN = U45202HP2006PTC030006

Company & Directors' Information:- R H ENGINEERS PVT LTD [Active] CIN = U74200CH1984PTC005944

Company & Directors' Information:- T V G ENERGY PRIVATE LIMITED [Strike Off] CIN = U52100UP2014PTC066243

Company & Directors' Information:- G-4 ENGINEERS PRIVATE LIMITED [Active] CIN = U32204MH2008PTC177646

Company & Directors' Information:- G S ENGINEERS PVT LTD [Active] CIN = U74210PB1994PTC014225

Company & Directors' Information:- H I ENGINEERS PVT LTD [Active] CIN = U74210WB1984PTC037097

Company & Directors' Information:- J V ERECTORS PRIVATE LIMITED [Strike Off] CIN = U45200PN2011PTC140370

Company & Directors' Information:- S A ENGINEERS LTD [Strike Off] CIN = U28932WB1977PLC031202

Company & Directors' Information:- ENGINEERS LTD [Strike Off] CIN = U29100WB1933PLC007579

Company & Directors' Information:- G B ENGINEERS PVT LTD [Strike Off] CIN = U74210WB1982PTC034958

Company & Directors' Information:- 3 ENERGY ENGINEERS PRIVATE LIMITED [Active] CIN = U74900DL2012PTC231361

Company & Directors' Information:- G G ENERGY PRIVATE LIMITED [Strike Off] CIN = U74899DL1994PTC058590

Company & Directors' Information:- R. J. ENGINEERS PRIVATE LIMITED [Active] CIN = U29199TZ1990PTC002690

Company & Directors' Information:- AMP ENGINEERS PVT LTD [Strike Off] CIN = U21011UP1988PTC010091

Company & Directors' Information:- R. S. ERECTORS PRIVATE LIMITED [Active] CIN = U74999WB2011PTC167205

Company & Directors' Information:- A R ENGINEERS PVT LTD [Strike Off] CIN = U45203OR1993PTC003413

Company & Directors' Information:- M. Y. ENGINEERS PRIVATE LIMITED [Strike Off] CIN = U28920MH1999PTC119174

Company & Directors' Information:- M MECH ENGINEERS PRIVATE LIMITED [Active] CIN = U31109GJ1999PTC036530

Company & Directors' Information:- P & A ENGINEERS PRIVATE LIMITED [Active] CIN = U70101OR2011PTC014428

Company & Directors' Information:- M AND D (ENGINEERS) PRIVATE LIMITED [Active] CIN = U28932MH1975PTC018333

Company & Directors' Information:- Q M ENGINEERS (INDIA) PRIVATE LIMITED [Active] CIN = U31100MH2006PTC159261

Company & Directors' Information:- V G ENERGY PRIVATE LIMITED [Strike Off] CIN = U40100MH2005PTC156544

Company & Directors' Information:- D R R ENERGY PRIVATE LIMITED [Active] CIN = U40102TN2009PTC073741

Company & Directors' Information:- Q - ENERGY PRIVATE LIMITED [Strike Off] CIN = U74920WB2012FTC182047

Company & Directors' Information:- S K S MECH ENGINEERS PRIVATE LIMITED [Active] CIN = U27101DL2006PTC150031

Company & Directors' Information:- A G ENGINEERS PRIVATE LIMITED [Active] CIN = U74899DL1986PTC024138

Company & Directors' Information:- Y A ENGINEERS PRIVATE LIMITED [Active] CIN = U74899DL2001PTC110304

Company & Directors' Information:- R. F. ENGINEERS PRIVATE LIMITED [Active] CIN = U32100DL2010PTC199732

Company & Directors' Information:- A - Z ENERGY ENGINEERS PRIVATE LIMITED [Active] CIN = U40300DL2012PTC236342

Company & Directors' Information:- A TO Z ENGINEERS (INDIA) PRIVATE LIMITED [Strike Off] CIN = U29299DL1988PTC030239

Company & Directors' Information:- K J S ENGINEERS PRIVATE LIMITED [Strike Off] CIN = U74210DL1998PTC093851

Company & Directors' Information:- A P ENGINEERS PRIVATE LIMITED [Strike Off] CIN = U29269UP1991PTC013866

Company & Directors' Information:- R D ERECTORS PRIVATE LIMITED [Under Process of Striking Off] CIN = U74999PN1996PTC100133

Company & Directors' Information:- S S ENGINEERS PVT LTD [Strike Off] CIN = U28931TN1987PTC015093

Company & Directors' Information:- A S ENGINEERS PVT LTD [Strike Off] CIN = U74999TG1988PTC008455

Company & Directors' Information:- N R S ENGINEERS PRIVATE LIMITED [Strike Off] CIN = U29269UP1992PTC014881

Company & Directors' Information:- S R V ENGINEERS PVT LTD [Strike Off] CIN = U24231UP1988PTC009258

Company & Directors' Information:- V R F ENGINEERS PVT LTD [Active] CIN = U32201GJ1986PTC008400

Company & Directors' Information:- A. B. T. ENGINEERS PVT. LTD. [Strike Off] CIN = U28111OR1993PTC003388

Company & Directors' Information:- B S B ENGINEERS PVT LTD [Strike Off] CIN = U27106WB1971PTC027952

Company & Directors' Information:- A B K ENGINEERS PRIVATE LIMITED [Active] CIN = U29253DL2008PTC178060

Company & Directors' Information:- H J ENGINEERS PRIVATE LTD [Active] CIN = U74899DL1987PTC027668

Company & Directors' Information:- A R ENGINEERS PVT LTD [Not available for efiling] CIN = U71220UP1978PTC004701

Company & Directors' Information:- K K ENGINEERS INDIA PRIVATE LIMITED [Active] CIN = U74200CH1984PTC005826

Company & Directors' Information:- D H ENGINEERS PVT LTD [Strike Off] CIN = U51109WB1963PTC025758

Company & Directors' Information:- G F M ENGINEERS PVT LTD [Strike Off] CIN = U45202WB1969PTC027476

Company & Directors' Information:- P R M ENGINEERS PRIVATE LIMITED [Strike Off] CIN = U29120UP1988PTC009249

Company & Directors' Information:- R B ENGINEERS PRIVATE LIMITED [Active] CIN = U24230MH2003PTC141901

Company & Directors' Information:- H R ENERGY PRIVATE LIMITED [Strike Off] CIN = U40101RJ2003PTC018712

Company & Directors' Information:- F S ENGINEERS PRIVATE LIMITED [Active] CIN = U74210TN1973PTC006482

Company & Directors' Information:- U. K. ENGINEERS PRIVATE LIMITED [Active] CIN = U31900PN2008PTC132332

Company & Directors' Information:- J R J R ENERGY PRIVATE LIMITED [Strike Off] CIN = U40100MH2005PTC153641

Company & Directors' Information:- R M ENERGY PRIVATE LIMITED [Strike Off] CIN = U40108MH2003PTC142881

Company & Directors' Information:- J B ENGINEERS PRIVATE LIMITED [Strike Off] CIN = U74900MH2012PTC226187

Company & Directors' Information:- S & E ENGINEERS PRIVATE LIMITED [Active] CIN = U74999PN2010PTC135666

Company & Directors' Information:- S V E ENERGY PRIVATE LIMITED [Active] CIN = U40100TN2009PTC073738

Company & Directors' Information:- L V S ENERGY PRIVATE LIMITED [Under Process of Striking Off] CIN = U40101TG2010PTC068290

Company & Directors' Information:- A. S. R. ENERGY PRIVATE LIMITED [Strike Off] CIN = U40105TG2008PTC056907

Company & Directors' Information:- S S E ENERGY (INDIA) PRIVATE LIMITED [Strike Off] CIN = U40108TG2014PTC093709

Company & Directors' Information:- K & H ENERGY PRIVATE LIMITED [Strike Off] CIN = U40109AP2012PTC079162

Company & Directors' Information:- P & S ENERGY PRIVATE LIMITED [Strike Off] CIN = U40109TG2011PTC072632

Company & Directors' Information:- D B S ENGINEERS PRIVATE LIMITED [Active] CIN = U74210UP2010PTC084195

Company & Directors' Information:- G K V ENGINEERS PRIVATE LIMITED [Active] CIN = U74999TN2010PTC077912

Company & Directors' Information:- P A ENERGY PRIVATE LIMITED [Strike Off] CIN = U40100HP2006PTC030328

Company & Directors' Information:- S & G ENERGY PRIVATE LIMITED [Strike Off] CIN = U31101CH2010PTC032133

Company & Directors' Information:- G H ENGINEERS PRIVATE LIMITED [Strike Off] CIN = U28939DL2004PTC130703

Company & Directors' Information:- N R ENGINEERS PRIVATE LIMITED [Active] CIN = U29292DL2011PTC221986

Company & Directors' Information:- B N R ENGINEERS PRIVATE LIMITED [Active] CIN = U74899DL1973PTC006709

Company & Directors' Information:- K M ENGINEERS PRIVATE LIMITED [Strike Off] CIN = U45400DL2014PTC272465

Company & Directors' Information:- P M S ENERGY INDIA PRIVATE LIMITED [Active] CIN = U74999DL2012PTC236645

Company & Directors' Information:- D M ENERGY PRIVATE LIMITED [Strike Off] CIN = U40107DL2010PTC199110

Company & Directors' Information:- S K S ENERGY PRIVATE LIMITED [Strike Off] CIN = U40108DL2003PTC119741

Company & Directors' Information:- C P ENERGY PRIVATE LIMITED [Strike Off] CIN = U40109DL2010PTC204395

Company & Directors' Information:- 3 A S ENERGY PRIVATE LIMITED [Strike Off] CIN = U40300DL2013PTC250263

Company & Directors' Information:- I S R ENERGY PRIVATE LIMITED [Under Process of Striking off] CIN = U40103AP2012PTC084585

Company & Directors' Information:- T AND F ENERGY PRIVATE LIMITED [Active] CIN = U40100MP2011PTC026065

Company & Directors' Information:- V V ENERGY PRIVATE LIMITED [Active] CIN = U40101KA2008PTC046429

Company & Directors' Information:- E P C ENERGY PRIVATE LIMITED [Strike Off] CIN = U40107KA2010PTC053645

Company & Directors' Information:- R J ENERGY PRIVATE LIMITED [Active] CIN = U40100GJ2009PTC056990

Company & Directors' Information:- I ENERGY PRIVATE LIMITED [Active] CIN = U40100GJ2009PTC058473

Company & Directors' Information:- L. K. ENGINEERS PRIVATE LIMITED [Active] CIN = U29308PN2020PTC190150

Company & Directors' Information:- D B R ENGINEERS PRIVATE LIMITED [Strike Off] CIN = U74140DL1995PTC066347

Company & Directors' Information:- N K ENGINEERS PRIVATE LIMITED [Strike Off] CIN = U65921UP1954PTC002533

Company & Directors' Information:- H. R. ENGINEERS PVT LTD [Strike Off] CIN = U74999PB1973PTC003316

Company & Directors' Information:- ENGINEERS CORPORATION PVT LTD [Strike Off] CIN = U74300WB1946PTC022035

Company & Directors' Information:- O P M S ENGINEERS PRIVATE LIMITED [Strike Off] CIN = U74899DL1984PTC018969

Company & Directors' Information:- I S C ENGINEERS PRIVATE LIMITED [Strike Off] CIN = U74140DL1983PTC017046

Company & Directors' Information:- G P B ENGINEERS PVT LTD [Strike Off] CIN = U29212RJ1990PTC005595

Company & Directors' Information:- THE ENGINEERS PRIVATE LIMITED [Strike Off] CIN = U99999KA1948PTC000551

Company & Directors' Information:- M. AND S. (ENGINEERS) LIMITED [Dissolved] CIN = U99999MH1952PLC008956

Company & Directors' Information:- ENERGY ENGINEERS PRIVATE LIMITED [Not available for efiling] CIN = U99999MH1980PLC022157

    Arbitration Application No. 48 of 2019

    Decided On, 16 June 2020

    At, High Court of for the State of Telangana

    By, THE HONOURABLE MR. JUSTICE A. RAJASHEKER REDDY

    For the Applicant: Tangeda Dayananda Rao, Advocate. For the Respondents: Challa Gunaranjan, Advocate.



Judgment Text


1. This Arbitration Application is filed under Section 11 (6) of the Arbitration and Conciliation Act, 1996 (for short, ‘the Act’) seeking appointment of an Arbitrator to adjudicate disputes between the applicant and the respondents (2nd respondent-M/s.Simhapuri Energy Limited and 1st respondent being its managing director, for short, “the respondent”) in connection with the works executed by the applicant in pursuance of the contract agreement dated 15-09- 2014 between the parties.

2. Facts stated briefly are:-the applicant in pursuance of the contract agreement dated 15-09-2014 agreed to maintain the operations and maintenance of the Power Plant (BTG) and Balance of Plant (BOP) and need based breakdown maintenance as per annexure-3 of the 4 x 150 MW (Phase-I & II) coal based Thermal Power plant site in Tamminipatnam village, Chillakur mandal, SPSR Nellore district, Andhra Pradesh. The agreed value of the said contract work was Rs.1,45,00,050/- for a total manpower requirement of 375 nos. However, nine months after the execution of the contract agreement, on mutual consent of the parties, the value of the contract work was reduced to Rs.1,39,08,180/- for a total manpower requirement of 329 nos. by way of an amended agreement dated 09–06–2015. That thereafter, the applicant has successfully accomplished the work to the satisfaction of the respondent. The applicant has completed the work in terms of the agreements to the satisfaction of respondent, but the respondent failed to fulfill their part of the contractual obligation in paying the amounts of Rs.5,11,77,301/- which now with interest aggregated to Rs.6,75,54,037/-. Several requests made by the applicant for payment of amounts did not yield any result, the applicant got issued legal notice dated 06–09–2018 requiring the respondent to pay the amounts within a week. The respondent got issued reply notice dated 20–09–2018 and advised the applicant to reconcile the claims comprehensively by submitting relevant documents in order to settle the claim once for all. The applicant got issued re-joinder dated 08- 10-2018, wherein it was stated that the respondent having issued certificate of satisfactory completion of work, cannot withhold the amounts and the amounts as mentioned in the legal notice dated 06-09-2018 be paid to him. Thereafter, as nothing happened in the matter, the applicant filed the present arbitration application.

3. After filing the arbitration application by the applicant, the respondent addressed a letter dated 07–08-2019 to the applicant highlighting that the applicant has not followed the procedure enshrined in the contract agreement which is a condition precedent before resorting to arbitration proceedings and the applicant was once again requested to come and reconcile all the claims comprehensively. The applicant also addressed reply letter to the respondent vide letter dated 04-09-2019 informing him that amounts due payable to it are not paid and the respondent has not shown any interest in its true sense in resolving the disputes amicably.

4. Heard Sri Tangeda Dayananda Rao, learned counsel for the applicant and Sri Challa Gunaranjan, learned counsel for the respondent.

5. The contention of the learned counsel for the applicant is two fold. Firstly, it is submitted that in spite of issuance of certificate of satisfactory completion of work, there was no reason for the respondent to withhold the amounts due and payable to the applicant. Secondly, it is contended that issuance of legal notice dated 06-09-2018 itself is deemed to be the notice of intimation of initiation of arbitration proceedings as in the said notice it was specifically stated that in case the amounts remain unpaid for a week, the applicant will be left with no option except to seek legal redressal in a Court of law and that is sufficient invocation of arbitration clause mentioned under Clause 26 of the contract agreement, dated 15–09–2014 and compliance of Section 21 of the Act. Decisions in RIICO LTD. vs. MANOJ AJMERA (RLW 2008 (1) Raj 473) & BADRI SINGH VINIMAY PVT. LTD. vs. MMTC LTD (In OMP No.225 of 2015 Delhi High) are relied on in support of his contentions.

6. Per contra, learned counsel for the respondent contended that the applicant has not expressed his intention to invoke the arbitration clause to resolve the dispute by way of arbitration in the legal notice dated 06–09–2018 and it is not sufficient compliance of Section 21 of the Act, which is mandatory and; even otherwise the procedure of in-house mechanism to resolve the dispute with the managing director of the Company has not been resorted to by the applicant, this arbitration application is pre-mature and, therefore, the relief sought in this application cannot be granted. Decision in ALUPRO BUILDINGS SYSTEMS PVT. LTD. vs. OZONE OVERSEAS PVT. LTD (2017 SCC OnLine Del. 7228)is relied on.

7. The parties are not disputing the presence of an arbitration clause in the contract agreement dated 15– 09–2014 under Clause 26, which is as follows:-

“26.ARBITRATION::

Both the parties to this agreement agree that in the event of any disputes and/or differences of claims between the parties arising out of or in connection with or incidental to this agreement or construction or interpretation of any of the clauses hereof or anything done pursuant hereto or any matter or thing of whatsoever nature arising under this Agreement, then such disputes or differences shall be referred in the first instance to the Managing Director of the COMPANY and even then such disputes or differences are not resolved then the same shall be referred for adjudication by a sole arbitrator, to be appointed as agreed to mutually by both the parties to this agreement within the meaning of the Indian Arbitration and Conciliation Act, 1996 or any statutory modification or re-enactment thereof for the time being in force. The award of the sole arbitrator shall be final and binding on both the parties. The language of the arbitration proceedings shall be in English and the venue of arbitration shall be at Hyderabad. Pending resolution of the disputed matter, the parties will continue performance of the respective obligations pursuant to this Agreement.”

8. It is the case of the applicant that on completion of the work under the contract agreement, a certificate has been issued by the Company of the respondent admitting the satisfactory completion of the works, and such a certificate was given on the day when the appellant had withdrawn its men and machinery from the site of the respondent Company, which is not denied by the respondent.

9. Clause 10 (i) of the contract agreement stipulates that the Company of the respondent shall after verification of the invoice amounts make payment of the same within 30 days to the applicant and under sub-clause (b) of Clause 10, such payment shall be 100% along with amounts towards applicable taxes and duties. It has come on record that the applicant has made several requests to the respondent and having failed to get any response, issued legal notice dated 06–09–2018 wherein the applicant though not specifically expressed his intention to initiate arbitration proceedings by mentioning the relevant arbitration clause (Clause 26), in the event the respondent failed to pay the amounts as specified therein, it was clarified to the respondent that if the amount was not received within a week thereafter, he would be left with no other option except to seek legal redressal from the Court of law.

10. It is seen that before resorting to the mode of arbitration, as mentioned in arbitration Clause 26 of the contract agreement itself, at first instance, the disputes and differences shall be referred to the managing director of the Company. The managing director of the Company is the respondent himself. The claim for payment of amounts for the satisfactory work done by the applicant, raised by way issuance of a legal notice dated 06-09-2018 itself is a dispute raised by the applicant in connection with the contract agreement. There is no material placed on record to show that any endeavour made by the respondent in the capacity of a managing director to settle the claim in-spite of legal notice dated 06-09-2018, rejoinder to the reply notice dated 08-10-2018 which is evident from the letter dated 04-09-2019 which is addressed by the applicant post institution of the arbitration application, except issuing reply letters to the applicant to come for an amicable settlement. To show its bona-fides, the respondent in the capacity of a managing director did not make it clear from its end to what amounts the applicant is entitled after completion of work and after issuance of certificate to that effect. Therefore, the in-house mechanism as provided in the arbitration clause failed and could not work out on the violation on the part of the respondent, more so in the light of Clause 10 of the contract agreement, which required to make 100% payment of the invoice amount subject to verification. It is not the case of the respondent that claim made by the applicant has been examined and either accepted or rejected for the reasons stated by it. In this fact situations, the said requirement of referring the matter to the managing director is deemed to be complied with by applicant which is evident from the various letters addressed by him, copies thereof are filed as additional material papers along with this arbitration application.

11.In RIICO LTD. case (1 supra), relied on by the learned counsel for the applicant, at para 9 of the order, it was recorded as under:-

“…In the concluding part of the notice as extracted above, it was clearly stated that the Contractor demand justice from RIICO and request for totally reviewing the contract in its final determination, by paying them all their claim amount so as to end up without any contractual disputes and differences in it. It was further stated that in the event of their non discharge of the contractor's legitimate claim in 30 days of receipt of the notice, they shall be compelled to knock the doors of justice in obtaining it, for which the first available legal remedy to the Contractor would be to seek Arbitration to which contractor was contractually entitled under Clause 23 of the agreement. Even if the notice did not directly ask for making a reference to the Arbitration, none-the-less it did make the intention of the Contractor full well known that he specifically demanded the payment of the claimed amount and failing which, he expressed his intention to seek Arbitration for which, it was stated, that he was contractually entitled for in terms of Clause 23 of the agreement. In my considered opinion, the intention expressed therein fulfilled the requirement of proviso to Clause 23.”

12. Strictly speaking this decision relied on by the learned counsel is not applicable to the facts of the present case as in the above case as specific plea was taken in the legal notice that Contractor would take the first available legal remedy to seek Arbitration to which he was contractually entitled under Clause 23 of the agreement, there is a clear intention expressed to opt for Arbitration under Clause 23 for resolution of the dispute.

13. In BADRI SINGH VINIMAY PVT. LTD. case (2 supra), the Delhi High Court relying on the decisions in RIICO LTD. (1 supra) and ALUPRO BUILDIGNS SYSTEMS PVT. LTD. (3 supra) at para 13 observed as follows:-

“13. On the merits of the petitioner's submissions, having regard to the aforesaid correspondence, I am of the view that the petitioner's contention on the basis of Section 21 of the Act is wholly unmerited. The provision requires a party to send a request to the counter-party for the dispute to be referred to arbitration. The respondent's communication dated 14.12.2012 meets that requirement. The facts leading to the dispute, and the nature of the respondent's claim were made sufficiently clear in that letter. The respondent also stated that legal recourse would be taken by the respondent if its claim was not satisfied. The initiation of arbitration proceedings in such a situation was expressly contemplated. The petitioner's response of 11.01.2013 extracted above deals with the respondent's claim on merits and, in fact, raises a claim on behalf of the petitioner itself, along with a threat of legal action.”

(emphasis added)

14. The facts of the case in BADRI SINGH VINIMAY PVT. LTD. are not similar to the facts of the instant case. The legal notice dated 06- 09-2018 got issued by the applicant, at relevant portion it was said as under:-

“Hence, we hereby inform you to pay Rs.5,11,77301/- as specified in the annexure attached to this legal notice with interest @ 12% p.a. from the dates of their due to our client with in a week from the date of receipt of this legal notice, else out client is left with no other option except to seek the legal redressal in Court of law at your costs including the cost of this legal notice Rs.10,000/-“

15.In the legal notice got issued on behalf of the applicant, it was stated that if the payment is not made within a week, the applicant would be constrained to take recourse to legal proceedings. Nonmention of expression of intention to invoke arbitration clause in the contract agreement and pointing out to the relevant clause in the legal notice issued for settlement of the entire claim, the words used in the said notice, i.e. “recourse to legal proceedings” cannot be construed to be the notice of intention of the applicant to initiate arbitration proceedings under Section 21 of the Act.

16.The ratio in ALUPRO BUILDINGS SYSTEMS PVT. LTD. (3 supra) rendered by the Delhi High Court, relied upon by the respondent’s counsel, is consonance with the language of Section 21 of the Act. Issuance of notice under Section 21 of the Act is mandatory in nature and cannot be dispensed with as it forms the preceding act in commencement and reference of disputes between the parties. There is no dispute with the proposition that purpose of notice under Section 21 apart from other purposes, determines the limitation and a party cannot straight away file a claim before the arbitrator without issuing the notice under the said provision. The decision in ALUPRO BUILDINGS SYSTEMS PVT. LTD. (3 supra) is distinguishable on facts as in that case there was no legal notice issued to the respondent and the claim was filed before an arbitrator without issue of notice. Here in this case, the respondent in his reply notice dated 20-09-2018 while advising the applicant to reconcile the claims expressed its intention to initiate the arbitration proceedings. The particular portion of the said reply notice reads as under:-

“Hence, it is requested to advise your client to come and reconcile all the claims comprehensively by submitting relevant information and documents, in order to settle the same once (one) for all.

In the event, your clients wants to proceed with the notice, the present reply of SEL shall be treated as notice of initiation of dispute resolution process under Clauses of the Agreement/s i.e. Arbitration proceedings under the Indian Arbitration and Conciliation Act, 1996 and in such an even your client is liable and responsible for all the costs and consequences thereon.”

17.Section 21 of the Act reads as under:-

“21. Commencement of arbitral proceedings—Unless otherwise agreed by the parties, the arbitral proceedings in respect of a particular dispute commence on the date on which a request for that dispute to be referred to arbitration is received by the respondent.

18.Either of the parties to the agreement can invoke the arbitration proceedings by issuance of notice under Section 21 of the Act who have a claim one against the other or against each other. The respondent in his reply notice stated that if the applicant wants to proceed with the notice, his reply be treated as notice of initiation of dispute

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resolution process under the relevant clauses of the Agreements which goes to show that the respondent has accepted the notice and expressed his consent to proceed with further to take on the arbitration proceedings. 19.In M/S.MAYAVATI TRADING PVT. LTD. vs. PRADYUAT DEB BARMAN (2019 (8) SCC 714) a 3-Judge bench of the Hon’ble Supreme Court held that Court’s power in an Application under Section 11 is confined only to the examination of the existence of a valid arbitration agreement and the Court cannot decide on the arbitrability of a dispute which ingredient is present in the case. In ORIENTAL INSURANCE COMPNAY LIMITED vs. DICITEX FURNISHING LIMTED, (2019(16) SCALE 242) the Supreme Court observed that when once the Court is satisfied with the existence of arbitrable dispute, in respect to other contentious pleas, it cannot be too particular about the nature of the plea, which necessarily has to be made and established in the substantive proceeding. It was further held that if the Court were to take a contrary approach and minutely examine the plea and judge the credibility or reasonableness of the pleas, there would be a danger of its denying a forum to the applicant, as rejection of the application would render the finding final, thus, precluding the applicant of its right to approach a civil Court. 20. In the light of the above facts and circumstances of the case there exits an arbitral dispute which is to be resolved as per the terms of the contract agreement by way of arbitration. 21. In view of the same, the arbitration application is allowed nominating Sri Justice R. Kantha Rao, former Judge of the High Court, as sole Arbitrator for resolution of disputes between the parties. Miscellaneous petitions, if any, pending shall stand closed.
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