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



National Aluminium Company Limited v/s Subhash Infra Engineers Pvt. Ltd. & Another


Company & Directors' Information:- NATIONAL ALUMINIUM CO LTD [Active] CIN = L27203OR1981GOI000920

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

Company & Directors' Information:- J T L INFRA LIMITED [Active] CIN = L27106CH1991PLC011536

Company & Directors' Information:- H N COMPANY INFRA PRIVATE LIMITED [Active] CIN = U45201NL2005PTC007743

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

Company & Directors' Information:- N A R INFRA PRIVATE LIMITED [Active] CIN = U45209TG2010PTC066556

Company & Directors' Information:- T AND T INFRA PRIVATE LIMITED [Active] CIN = U45200PN2012PTC144893

Company & Directors' Information:- S R C INFRA PRIVATE LIMITED [Active] CIN = U45200KA2014PTC073052

Company & Directors' Information:- S G F INFRA PRIVATE LIMITED [Active] CIN = U45400JK2013PTC003837

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:- AMP INFRA PRIVATE LIMITED [Active] CIN = U45400DL2014PTC269040

Company & Directors' Information:- R E INFRA PRIVATE LIMITED [Active] CIN = U74999MH2007PTC175255

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

Company & Directors' Information:- M Y C INFRA PRIVATE LIMITED [Active] CIN = U45400UP2013PTC055996

Company & Directors' Information:- A R INFRA PRIVATE LIMITED [Active] CIN = U45202AS2008PTC008561

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

Company & Directors' Information:- R K INFRA(INDIA) PRIVATE LIMITED [Active] CIN = U45201KA2010PTC054009

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:- AT AND T ENGINEERS PRIVATE LIMITED [Active] CIN = U45203DL2012PTC239940

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

Company & Directors' Information:- K M C ALUMINIUM PRIVATE LIMITED [Active] CIN = U27203TN2004PTC054461

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:- I V INFRA PRIVATE LIMITED [Active] CIN = U45309PB2008PTC031932

Company & Directors' Information:- A. C. ALUMINIUM PRIVATE LIMITED [Active] CIN = U27100DL2010PTC202010

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:- M & B INFRA LIMITED [Active] CIN = U70109PB2012PLC036738

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

Company & Directors' Information:- A R G ALUMINIUM PRIVATE LIMITED [Active] CIN = U27203KA2008PTC047988

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:- 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:- A H INFRA LIMITED [Active] CIN = U31501WB2010PLC155151

Company & Directors' Information:- V & H INFRA PRIVATE LIMITED [Active] CIN = U45203MH2008PTC181787

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

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:- J B C ENGINEERS PRIVATE LIMITED. [Active] CIN = U31300DL2004PTC125469

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

Company & Directors' Information:- S R U INFRA PRIVATE LIMITED [Active] CIN = U70102UP2014PTC065614

Company & Directors' Information:- S G U INFRA PRIVATE LIMITED [Active] CIN = U70102UP2015PTC071682

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:- S L ALUMINIUM PRIVATE LIMITED [Strike Off] CIN = U27203MH2005PTC151142

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

Company & Directors' Information:- N. S. INFRA PRIVATE LIMITED [Active] CIN = U45200UP2021PTC142424

Company & Directors' Information:- A G V ALUMINIUM PRIVATE LIMITED [Active] CIN = U74899DL1992PTC049563

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

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:- R K ALUMINIUM LTD [Amalgamated] CIN = L27203WB1980PLC032921

Company & Directors' Information:- M G D INFRA PRIVATE LIMITED [Active] CIN = U45400UP2015PTC069886

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:- J S ALUMINIUM PRIVATE LIMITED [Active] CIN = U52110TZ1999PTC008937

Company & Directors' Information:- K R D INFRA PRIVATE LIMITED [Active] CIN = U45400TZ2020PTC034945

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:- J H ALUMINIUM PRIVATE LIMITED [Strike Off] CIN = U27203TN1978PTC007685

Company & Directors' Information:- ALUMINIUM INDIA PVT LTD [Active] CIN = U27107AS1981PTC001883

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:- Z INFRA LIMITED [Strike Off] CIN = U45201OR2009PLC010795

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

Company & Directors' Information:- S B M INFRA PRIVATE LIMITED [Strike Off] CIN = U45201TR2010PTC008299

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

Company & Directors' Information:- S INFRA PRIVATE LIMITED [Under Process of Striking Off] CIN = U45201OR2012PTC016064

Company & Directors' Information:- J D C INFRA PRIVATE LIMITED [Strike Off] CIN = U45209HR2012PTC045407

Company & Directors' Information:- S S P L INFRA PRIVATE LIMITED [Strike Off] CIN = U45201OR2011PTC013469

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:- Y. M. INFRA PRIVATE LIMITED [Active] CIN = U45400MH2010PTC211055

Company & Directors' Information:- V V INFRA PRIVATE LIMITED [Active] CIN = U45200TG2008PTC059111

Company & Directors' Information:- INFRA ENGINEERS INDIA PRIVATE LIMITED [Active] CIN = U74999TN2016PTC111008

Company & Directors' Information:- R V G INFRA PRIVATE LIMITED [Strike Off] CIN = U70200DL2011PTC219732

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

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

Company & Directors' Information:- NATIONAL ENGINEERS LIMITED [Strike Off] CIN = U29199OR1946PLC000082

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:- S P G N INFRA PRIVATE LIMITED [Active] CIN = U45200AP2015PTC096326

Company & Directors' Information:- Y. C. INFRA PRIVATE LIMITED [Active] CIN = U45400WB2010PTC151352

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

Company & Directors' Information:- J K S INFRA (INDIA) LIMITED [Active] CIN = U45209PB2012PLC036363

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:- J S N INFRA (INDIA) LIMITED [Active] CIN = U45400UP2012PLC050189

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

Company & Directors' Information:- R V J INFRA PRIVATE LIMITED [Active] CIN = U45200DL2013PTC249181

Company & Directors' Information:- J J INFRA INDIA PRIVATE LIMITED [Active] CIN = U45209AP2011PTC078174

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

Company & Directors' Information:- A R INFRA (INDIA) PRIVATE LIMITED [Active] CIN = U70109MP2007PTC020049

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:- R H ENGINEERS PVT LTD [Active] CIN = U74200CH1984PTC005944

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:- 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:- R. J. ENGINEERS PRIVATE LIMITED [Active] CIN = U29199TZ1990PTC002690

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

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:- 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:- G K V INFRA PRIVATE LIMITED [Strike Off] CIN = U45200PN2011PTC141814

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:- Y AND N ENGINEERS PRIVATE LIMITED [Strike Off] CIN = U70109DL1989PTC036195

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:- 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:- H V A C ENGINEERS PRIVATE LIMITED [Strike Off] CIN = U99999DL1982PTC014542

Company & Directors' Information:- M R K INFRA PRIVATE LIMITED [Active] CIN = U45209TG2012PTC080558

Company & Directors' Information:- V R V ENGINEERS PRIVATE LIMITED [Strike Off] CIN = U50101TN2006PTC061058

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:- F S ENGINEERS PRIVATE LIMITED [Active] CIN = U74210TN1973PTC006482

Company & Directors' Information:- L G INFRA PRIVATE LIMITED [Strike Off] CIN = U45400TN2014PTC095310

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

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:- P S B ENGINEERS PRIVATE LIMITED [Strike Off] CIN = U74210MH2000PTC128882

Company & Directors' Information:- S K INFRA ENGINEERS PRIVATE LIMITED [Active] CIN = U45400UP2015PTC071185

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:- J G INFRA PRIVATE LIMITED [Active] CIN = U45209CH2012PTC034095

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:- T J ENGINEERS PRIVATE LIMITED [Strike Off] CIN = U74140DL2009PTC191431

Company & Directors' Information:- E & P INFRA PRIVATE LIMITED [Strike Off] CIN = U74999DL2014PTC271401

Company & Directors' Information:- T & T INFRA INDIA PRIVATE LIMITED [Strike Off] CIN = U70109DL2015PTC276336

Company & Directors' Information:- K T INFRA PRIVATE LIMITED [Strike Off] CIN = U70200DL2010PTC199408

Company & Directors' Information:- A 4 INFRA PRIVATE LIMITED [Strike Off] CIN = U70100DL2012PTC233921

Company & Directors' Information:- SUBHASH INDIA PRIVATE LIMITED [Strike Off] CIN = U52100DL2014PTC271852

Company & Directors' Information:- K & H INFRA PRIVATE LIMITED [Active] CIN = U45209AP2013PTC090417

Company & Directors' Information:- C D E F INFRA PRIVATE LIMITED [Active] CIN = U45200KA2011PTC057888

Company & Directors' Information:- M M D INFRA PRIVATE LIMITED [Strike Off] CIN = U70101GJ2013PTC075444

Company & Directors' Information:- P M D INFRA PRIVATE LIMITED [Active] CIN = U45201GJ2007PTC050762

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:- V & T INFRA PRIVATE LIMITED [Strike Off] CIN = U70100TG2008PTC061671

Company & Directors' Information:- R G M ENGINEERS PRIVATE LIMITED [Strike Off] CIN = U74210DL2008PTC175365

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

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

    Civil Appeal No. 6605 of 2019 (Arising out of S.L.P (C)No. 5610 of 2017)

    Decided On, 23 August 2019

    At, Supreme Court of India

    By, THE HONOURABLE MR. JUSTICE ABHAY MANOHAR SAPRE & THE HONOURABLE MR. JUSTICE R. SUBHASH REDDY

   



Judgment Text

R. Subhash Reddy, J.

1. Leave granted.

2. This civil appeal is filed by the first defendant/National Aluminum Company Limited (NALCO), a Government of India Enterprise, in pending Civil Suit No. 2610 of 2015, on the file of Learned Senior Civil Judge, Gurgaon, Haryana, aggrieved by the order dated 22.10.2016, passed in Civil Revision No.2471 of 2016 (O&M) by the High Court of Punjab & Haryana at Chandigarh.

3. The appellant-Company, a Government of India enterprise, has issued a tender notice on 05.05.2011, inviting tenders for construction of Ash Pond-IV in District Angul of Odisha State. The first respondent herein i.e Subhash Infra Engineers Pvt. Ltd. (for short ‘SIE’) has submitted its offer/tender on 06.06.2011. On 09.11.2011, the appellant herein has accepted the offer/tender submitted by the first respondent herein and issued the work order to the said respondent. By a letter dated 18.11.2011, the appellant addressed the first respondent to attend a kick off meeting on 19.11.2011. As no one on behalf of first respondent attended the meeting proposed on 19.11.2011, the appellant again issued a letter dated 21.11.2011, requesting the first respondent once again to come for a kick off meeting. In response to the letter dated 21.11.2011, the first respondent/SIE herein vide letter dated 21.11.2011, expressed his inability to execute the work, unless certain specifications are changed/revised. In the said letter dated 21.11.2011, the first respondent/SIE herein has agreed that the appellant- Company has accepted the offer made by it. Further, vide letter dated 02.12.2011, the respondent/SIE informed the appellant that the work order is not acceptable to them.

4. Subsequently, when the first respondent herein was not coming forward to participate in the kick off meeting and instead addressed a letter dated 02.12.2011, vide letter dated 30.01.2012, the appellant-company informed the respondent/SIE that the contract work will be carried out, through some other agency, at the risk and cost of the respondent/SIE. Further by letter dated 06.02.2015, the appellant-company has informed the first respondent/SIE that it suffered a financial loss of Rs.4,86,61,440/-(Rupees Four Crore Eighty-Six Lakh Sixty-One Thousand Four Hundred and Forty Only). The respondent/SIE was directed to deposit the said amount otherwise the appellant will be forced to invoke Arbitration Clause as per Clause 22 of NIT and Clause 87 of the General Conditions of Contract. Then, the first respondent/SIE has disputed the claim made by the appellant, on the ground that there is no binding contract, that came into existence between the parties, as such, the demand is illegal and unjustified. A letter dated 28.02.2015 was communicated to that effect, to the appellant.

5. Further, when the appellant-company asked the respondent/SIE to select an arbitrator from a panel of three names sent by it, the respondent/SIE, vide letter dated 23.07.2015, informed the appellant that, as much as, there is no binding contract that came into existence between the parties, the disputes cannot be resolved by the arbitrator.

6. The appellant herein, having regard to terms and conditions of contract, invoked the arbitration clause, by proceeding dated 02.09.2015 and appointed the second respondent Shri C.R. Pradhan, who was the Former Chairman(CMD) of the Company, as an arbitrator. The learned arbitrator initiated the proceeding by issuing notice dated 07.09.2015, asking the appellant, as well as the first respondent to attend the preliminary meeting on 09.10.2015 at Bhubaneswar.

7. On receipt of such notice issued by the arbitrator, the first respondent herein approached the Civil Court and filed Civil Suit No.2610 of 2015 on the file of Senior Civil Judge, Gurgaon, seeking relief of declaration that the appointment of second respondent, as a sole arbitrator, is null and void. Further, relief of permanent injunction was also sought restraining the arbitrator, from proceeding with arbitration proceedings. Pending suit, interim injunction sought for is rejected by the Learned Trial Judge i.e Senior Civil Judge, Gurgaon.

8. Against the order of the Trial Court, refusing to grant injunction orders, the first respondent approached the District Court. The Appellate Court i.e the Additional District Judge, Gurgaon, vide order dated 25.01.2016, allowed the appeal and granted the injunction, restraining the second respondent-arbitrator from proceeding further, pursuant to notice dated 07.09.2015. When the appellant herein has questioned such order by way of Civil Revision No. 2471 of 2016, before the High Court of Punjab and Haryana at Chandigarh, the same is dismissed vide order dated 22.10.2016. Hence this appeal by way of Special Leave.

9. We have heard the Sri Ashok K. Gupta, learned senior counsel appearing for the appellant and Sri Manoj Swarup, learned counsel for the first respondent, though the second respondent is served, there is no appearance on his behalf. We have perused the impugned order and other material placed on record.

10. It is the case of the appellant, that as much as the appellant has accepted offer/tender submitted by respondent, it is a concluded contract and is an arbitration agreement within the meaning of Section 7 of the Arbitration and Conciliation Act, 1996 (for short, ‘the Act’). On the other hand, it is the case of the respondent, as acceptance was not unconditional, it does not amount to a binding contract between the appellant and the first respondent, as such, the arbitrator has no jurisdiction to decide the lis between the parties. Mainly, it was a case of the appellant that as much as the acceptance of the bid will conclude the contract and having regard to terms and conditions of NIT and General Conditions of Contract, it is a binding contract between the parties, as such, dispute is to be resolved only by way of arbitration.

11. The learned counsel for the appellant has placed reliance on judgment in the case of Kvaerner Cementation India Limited V. Bajranglal Agarwal and Another (2012(5) SCC, 214).

12. It is a case of the appellant-Company that even if the first respondent disputes the jurisdiction of the arbitrator, it is open for the first respondent to move an application before the arbitrator under Section 16 of the Act, but at the same time, the suit filed by the first respondent, for declaration and injunction is not maintainable.

13. In the Judgment of this Court, in the case of Kvaerner Cementation India Limited V. Bajranglal Agarwal and Another1, this Court has examined the similar issue and held that any objection with respect to existence or validity of the arbitration agreement, can be raised only by way of an application under Section 16 of the Act and Civil Court cannot have jurisdiction to go into such question.

14. Having regard to aforesaid judgment of this Court and various communications between the parties, we are in agreement with the submission made by the learned senior counsel for the appellant that, if the first respondent wants to raise an objection with regard to existence or validity of the arbitration agreement, it is open for the first respondent to move an application before the arbitrator, but with such plea, he cannot maintain a suit for declaration and injunction. Though the Trial Court rightly rejected the interim injunction sought for by the first respondent, the same is erroneously reversed by the learned Additional District Judge and such order is confirmed by the High Court, by the impugned order.

15. As we are of the view that the order passed by the Additional District Judge and the High Court are not in conformity with the law on the subject and are contrary to judgment of this Court as referred above, the impugned order is liable to be set aside by vacating the injunction orders.

16. At the same time, it is to be noted that when the first respondent has not responded to select one of the members as an arbitrator, from the panel, the appellant has appointed Sri C.R. Pradhan, former Chairman-cum- Managing Director of the company itself as an arbitrator, who has commenced arbitration proceedings. Having regard to the Fifth Schedule introduced, by Act 3 of 2016 to the Act, second respondent cannot be continued as an arbitrator, to adjudicate the lis between the parties.

17. For the aforesaid reasons, we allow this Civil Appeal and set aside the impugned order dated 22.10.2016 passed in C.R. No.2471 of 2016, by the High Court of Delhi. Further we also quash the appoin

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tment of second respondent, as an Arbitrator. 18. Learned counsels on both sides, have consented and requested this Court to appoint an arbitrator, for resolution of dispute. In view of such request and consent of the learned counsels on both sides, we appoint Hon’ble Mr. Justice M.L. Mehta, Former Judge of Delhi High Court, as an arbitrator, to adjudicate the disputes between the parties. It is open for the learned arbitrator to fix his own fees. 19. We also make it clear that if the first respondent disputes the jurisdiction of the arbitrator, it is open for it to file appropriate application before the arbitrator under Section 16 of the Act. If any such application is filed, same is to be decided on its own merits in accordance with law, uninfluenced by, any of the observations and findings recorded by this Court. 20. We direct the Registry to communicate a copy of this order to Hon’ble Mr. Justice M.L. Mehta.
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