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



Secretary, Rajasthan State Road Transport Corporation (RSRTC), Jaipur & Others v/s M/s. Kalptaru Infra Projects Pvt. Ltd., Through Director Surendra Kumar Bardiya, Jaipur


Company & Directors' Information:- C AND C PROJECTS LIMITED [Active] CIN = U74999HR2007PLC036644

Company & Directors' Information:- Y K M PROJECTS PRIVATE LIMITED [Active] CIN = U40109TG2008PTC057263

Company & Directors' Information:- TRANSPORT CORPORATION OF INDIA LIMITED [Active] CIN = L70109TG1995PLC019116

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

Company & Directors' Information:- T G R PROJECTS INDIA PRIVATE LIMITED [Active] CIN = U45200KA2012PTC062702

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

Company & Directors' Information:- S KUMAR PROJECTS PRIVATE LIMITED [Active] CIN = U70101WB2009PTC134015

Company & Directors' Information:- S G PROJECTS LIMITED [Active] CIN = U65999WB1990PLC049684

Company & Directors' Information:- B C C PROJECTS PVT LTD [Active] CIN = U74899DL2001PTC112102

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

Company & Directors' Information:- J K S PROJECTS LIMITED [Active] CIN = U45400WB2011PLC157565

Company & Directors' Information:- A S TRANSPORT PRIVATE LIMITED [Active] CIN = U60222TN1981PTC008886

Company & Directors' Information:- V S A INFRA PROJECTS PRIVATE LIMITED [Active] CIN = U45400TG2011PTC074588

Company & Directors' Information:- D M P PROJECTS PVT LTD [Active] CIN = U27109WB2006PTC107513

Company & Directors' Information:- T & T PROJECTS LIMITED [Active] CIN = U45201AS2008PLC008641

Company & Directors' Information:- W AND W PROJECTS PRIVATE LIMITED [Active] CIN = U65910DL1989PTC036754

Company & Directors' Information:- E M C PROJECTS PVT LTD [Active] CIN = U29248WB1964PTC026261

Company & Directors' Information:- B K B TRANSPORT PRIVATE LIMITED [Active] CIN = U50300JH1990PTC004226

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

Company & Directors' Information:- H AND V PROJECTS PRIVATE LIMITED [Active] CIN = U72400DL2011PTC220047

Company & Directors' Information:- M A PROJECTS PRIVATE LIMITED [Active] CIN = U70101DL2005PTC135093

Company & Directors' Information:- BARDIYA CORPORATION PRIVATE LIMITED [Active] CIN = U45201RJ1991PTC005798

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:- K N INFRA PROJECTS PRIVATE LIMITED [Active] CIN = U45200TG2008PTC058128

Company & Directors' Information:- S. V. S. PROJECTS PRIVATE LIMITED [Active] CIN = U70100AP1998PTC029024

Company & Directors' Information:- M V PROJECTS (INDIA) PRIVATE LIMITED [Active] CIN = U45202KA2008PTC045272

Company & Directors' Information:- S V S PROJECTS INDIA PRIVATE LIMITED [Active] CIN = U45200AP2015PTC096787

Company & Directors' Information:- M Y TRANSPORT COMPANY PRIVATE LIMITED [Active] CIN = U63090UP2002PTC026917

Company & Directors' Information:- AMP INFRA PRIVATE LIMITED [Active] CIN = U45400DL2014PTC269040

Company & Directors' Information:- A T E PROJECTS PRIVATE LIMITED [Active] CIN = U74999DL1999PTC102246

Company & Directors' Information:- U W T PROJECTS LIMITED [Active] CIN = U45200AP2004PLC043198

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

Company & Directors' Information:- J J PROJECTS PVT LTD [Active] CIN = U24231WB1986PTC040246

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:- B L INFRA PROJECTS PRIVATE LIMITED [Active] CIN = U45400DL2014PTC266491

Company & Directors' Information:- Z H PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45400WB2012PTC184307

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

Company & Directors' Information:- V K TRANSPORT PRIVATE LIMITED [Active] CIN = U22219GJ1997PTC032421

Company & Directors' Information:- T & I PROJECTS LTD [Active] CIN = L29130WB1984PLC038232

Company & Directors' Information:- B 2 R PROJECTS PRIVATE LIMITED [Active] CIN = U45400WB2013PTC189971

Company & Directors' Information:- C M PROJECTS PRIVATE LIMITED [Active] CIN = U45201DL2004PTC130580

Company & Directors' Information:- N G PROJECTS LIMITED [Active] CIN = U45201GJ2003PLC042152

Company & Directors' Information:- E AND C PROJECTS PRIVATE LIMITED [Active] CIN = U29150DL2002PTC115297

Company & Directors' Information:- G S TRANSPORT PVT LTD [Active] CIN = U63090WB1989PTC047780

Company & Directors' Information:- I V INFRA PRIVATE LIMITED [Active] CIN = U45309PB2008PTC031932

Company & Directors' Information:- K. C. INFRA PROJECTS PRIVATE LIMITED [Active] CIN = U45209NL1990PTC003414

Company & Directors' Information:- G B TRANSPORT (INDIA) PVT LTD [Active] CIN = U63090WB1979PTC032170

Company & Directors' Information:- B. D. R. PROJECTS PRIVATE LIMITED [Active] CIN = U45202TG1998PTC028780

Company & Directors' Information:- K K INFRA PROJECTS (INDIA) PRIVATE LIMITED [Active] CIN = U45200TG2007PTC056630

Company & Directors' Information:- M & B INFRA LIMITED [Active] CIN = U70109PB2012PLC036738

Company & Directors' Information:- A E INFRA PROJECTS PRIVATE LIMITED [Active] CIN = U45200MH2009PTC196191

Company & Directors' Information:- J T L PROJECTS PRIVATE LIMITED [Active] CIN = U70101KL2006PTC019439

Company & Directors' Information:- V AND S PROJECTS PRIVATE LIMITED [Active] CIN = U70109DL1996PTC079487

Company & Directors' Information:- L S R PROJECTS PRIVATE LIMITED [Strike Off] CIN = U07010KA2005PTC036041

Company & Directors' Information:- V A TRANSPORT PRIVATE LIMITED [Active] CIN = U45202WB1996PTC081673

Company & Directors' Information:- S R R INFRA PROJECTS LIMITED [Strike Off] CIN = U45209TG2008PLC058571

Company & Directors' Information:- V R PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45400AP2007PTC054901

Company & Directors' Information:- D C R PROJECTS PRIVATE LIMITED [Active] CIN = U45209TG2007PTC056307

Company & Directors' Information:- R. R. PROJECTS PVT LTD [Active] CIN = U45200TG1982PTC003711

Company & Directors' Information:- S H PROJECTS PRIVATE LIMITED [Active] CIN = U74996DL2006PTC149971

Company & Directors' Information:- N R R INFRA PROJECTS PRIVATE LIMITED [Active] CIN = U70200TG2010PTC067299

Company & Directors' Information:- S R PROJECTS INDIA PVT LTD [Active] CIN = U45207WB1981PTC033286

Company & Directors' Information:- L E PROJECTS PRIVATE LIMITED [Active] CIN = U45303WB2005PTC102555

Company & Directors' Information:- M. S. PROJECTS PRIVATE LIMITED [Active] CIN = U45400WB2009PTC131902

Company & Directors' Information:- J V PROJECTS PRIVATE LIMITED [Active] CIN = U74899DL1995PTC069037

Company & Directors' Information:- B N PROJECTS PRIVATE LIMITED [Active] CIN = U45201GJ2009PTC058067

Company & Directors' Information:- J P PROJECTS PRIVATE LIMITED [Active] CIN = U70109WB2011PTC165990

Company & Directors' Information:- R K PROJECTS PRIVATE LIMITED [Active] CIN = U74899DL1990PTC043660

Company & Directors' Information:- K AND G INFRA PROJECTS PRIVATE LIMITED [Under Process of Striking Off] CIN = U45200KL2010PTC027108

Company & Directors' Information:- A B PROJECTS PRIVATE LIMITED [Active] CIN = U45200MH2004PTC149404

Company & Directors' Information:- A H INFRA LIMITED [Active] CIN = U31501WB2010PLC155151

Company & Directors' Information:- JAIPUR PROJECTS LIMITED [Active] CIN = U45201RJ1997PLC013489

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

Company & Directors' Information:- A K PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45201TG1996PTC023179

Company & Directors' Information:- S N M PROJECTS PRIVATE LIMITED [Active] CIN = U70102UP2010PTC040243

Company & Directors' Information:- H R T TRANSPORT COMPANY PRIVATE LIMITED [Strike Off] CIN = U63031DL1999PTC102593

Company & Directors' Information:- A. KUMAR AND COMPANY PRIVATE LIMITED [Active] CIN = U19201UP1995PTC018833

Company & Directors' Information:- R Y INFRA PROJECTS PRIVATE LIMITED [Under Process of Striking Off] CIN = U45400TG2013PTC091764

Company & Directors' Information:- G M TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U60100MH1994PTC076183

Company & Directors' Information:- G L TRANSPORT PRIVATE LIMITED [Active] CIN = U60200CH2010PTC032269

Company & Directors' Information:- J AND H PROJECTS PRIVATE LIMITED [Active] CIN = U45200GJ2013PTC074010

Company & Directors' Information:- K C R INFRA PROJECTS PRIVATE LIMITED [Active] CIN = U45200TG2009PTC064374

Company & Directors' Information:- M. D. INFRA - PROJECTS PRIVATE LIMITED [Active] CIN = U45400MH2009PTC193074

Company & Directors' Information:- N S PROJECTS PRIVATE LIMITED [Active] CIN = U70101WB2007PTC117882

Company & Directors' Information:- H S PROJECTS PRIVATE LIMITED [Active] CIN = U45208DL2006PTC153706

Company & Directors' Information:- N M PROJECTS PRIVATE LIMITED [Active] CIN = U29219DL2009PTC186728

Company & Directors' Information:- R AND P TRANSPORT CO. PVT LTD [Active] CIN = U60231OR2006PTC027280

Company & Directors' Information:- R AND P TRANSPORT CO. PVT LTD [Active] CIN = U60231DL2006PTC149707

Company & Directors' Information:- V. N. TRANSPORT PRIVATE LIMITED [Active] CIN = U63090DL2004PTC125632

Company & Directors' Information:- K. V. PROJECTS PRIVATE LIMITED [Active] CIN = U70102WB2012PTC188439

Company & Directors' Information:- V G INFRA PROJECTS PRIVATE LIMITED [Active] CIN = U45209TG2011PTC074184

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:- K R S PROJECTS PRIVATE LIMITED [Active] CIN = U70102AP2012PTC082232

Company & Directors' Information:- B S C PROJECTS PRIVATE LIMITED [Active] CIN = U45200DL2011PTC227768

Company & Directors' Information:- J K PROJECTS PRIVATE LIMITED [Active] CIN = U45203GJ2001PTC039576

Company & Directors' Information:- F C C PROJECTS PRIVATE LIMITED [Active] CIN = U29248UP1982PTC005786

Company & Directors' Information:- S N PROJECTS LIMITED [Active] CIN = U85110KA1996PLC021040

Company & Directors' Information:- B. D. PROJECTS PRIVATE LIMITED [Amalgamated] CIN = U45400WB2010PTC147620

Company & Directors' Information:- C & I PROJECTS PRIVATE LIMITED [Active] CIN = U29100DL2010PTC209136

Company & Directors' Information:- C & I PROJECTS PRIVATE LIMITED [Active] CIN = U74140DL2010PTC209136

Company & Directors' Information:- C B PROJECTS PRIVATE LIMITED [Active] CIN = U70109WB1997PTC085237

Company & Directors' Information:- S KUMAR AND COMPANY PRIVATE LIMITED [Converted to LLP] CIN = U45203DL1964PTC117149

Company & Directors' Information:- G G PROJECTS PRIVATE LIMITED [Active] CIN = U45201DL1998PTC091501

Company & Directors' Information:- ROAD TRANSPORT COMPANY OF INDIA PRIVATE LIMITED [Active] CIN = U63090MH1995PTC094077

Company & Directors' Information:- J S V INFRA PROJECTS PRIVATE LIMITED [Strike Off] CIN = U70200TN2010PTC078632

Company & Directors' Information:- V M G PROJECTS (INDIA) PRIVATE LIMITED [Strike Off] CIN = U45400WB2011PTC164117

Company & Directors' Information:- KUMAR TRANSPORT PRIVATE LIMITED [Active] CIN = U63090GJ2007PTC051228

Company & Directors' Information:- KUMAR (INDIA) PVT LTD [Strike Off] CIN = U51909WB1986PTC041038

Company & Directors' Information:- M. L. PROJECTS PRIVATE LIMITED [Active] CIN = U45400WB2010PTC151513

Company & Directors' Information:- R N D PROJECTS PRIVATE LIMITED [Active] CIN = U70102DL1996PTC080051

Company & Directors' Information:- C AND M TRANSPORT P LTD [Active] CIN = U60300MH1994PTC078458

Company & Directors' Information:- M. K. N. PROJECTS PRIVATE LIMITED [Active] CIN = U70101DL2009PTC196755

Company & Directors' Information:- M B R PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45300KA2009PTC049005

Company & Directors' Information:- G R C TRANSPORT COMPANY PVT LTD [Strike Off] CIN = U63090WB1988PTC044164

Company & Directors' Information:- G S P PROJECTS PRIVATE LIMITED [Active] CIN = U45201WB1992PTC057116

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

Company & Directors' Information:- K P S PROJECTS PRIVATE LIMITED [Active] CIN = U70102TG2005PTC046280

Company & Directors' Information:- E C TRANSPORT LTD [Active] CIN = U63090WB1987PLC043252

Company & Directors' Information:- D G R TRANSPORT PRIVATE LIMITED [Active] CIN = U60231TZ2010PTC016521

Company & Directors' Information:- E AND V PROJECTS PRIVATE LIMITED [Strike Off] CIN = U70102TG2004PTC042622

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

Company & Directors' Information:- P T TRANSPORT PVT LTD [Strike Off] CIN = U63090WB1989PTC046423

Company & Directors' Information:- T M R PROJECTS PRIVATE LIMITED [Active] CIN = U45400DL2010ULT211007

Company & Directors' Information:- S C T PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45201DL2008PTC184418

Company & Directors' Information:- P A PROJECTS PRIVATE LIMITED [Active] CIN = U45208WB1997PTC083907

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

Company & Directors' Information:- I AND L INFRA PRIVATE LIMITED [Active] CIN = U45309AP2021PTC117723

Company & Directors' Information:- TRANSPORT INDIA PRIVATE LIMITED [Strike Off] CIN = U60230OR2007PTC009590

Company & Directors' Information:- S. G. INFRA PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45400DL2009PTC192400

Company & Directors' Information:- D & G INFRA AND PROJECTS PRIVATE LIMITED [Active] CIN = U45203PN2009PTC133571

Company & Directors' Information:- G INFRA PROJECTS LIMITED [Active] CIN = U45400TG2015PLC102010

Company & Directors' Information:- N K D PROJECTS PRIVATE LIMITED [Active] CIN = U45400WB2008PTC128819

Company & Directors' Information:- A I PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45203WB2000PTC091229

Company & Directors' Information:- P N PROJECTS PRIVATE LIMITED [Active] CIN = U45202DL2016PTC289494

Company & Directors' Information:- C R TRANSPORT COMPANY PRIVATE LIMITED [Strike Off] CIN = U63090DL2002PTC115826

Company & Directors' Information:- A P M TRANSPORT COMPANY LIMITED [Strike Off] CIN = U60231KL1998PLC012555

Company & Directors' Information:- V AND M PROJECTS PRIVATE LIMITED [Active] CIN = U45201DL2005PTC139731

Company & Directors' Information:- T. G. TRANSPORT PRIVATE LIMITED [Active] CIN = U02710CT2004PTC017051

Company & Directors' Information:- K K PROJECTS PVT LTD [Strike Off] CIN = U70200WB1995PTC073058

Company & Directors' Information:- J. T. TRANSPORT PRIVATE LIMITED [Active] CIN = U63031WB2007PTC112457

Company & Directors' Information:- R S R TRANSPORT PRIVATE LIMITED [Active] CIN = U60210TZ1961PTC000392

Company & Directors' Information:- S L PROJECTS PRIVATE LIMITED [Active] CIN = U45400AN2009PTC000109

Company & Directors' Information:- Z INFRA LIMITED [Strike Off] CIN = U45201OR2009PLC010795

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

Company & Directors' Information:- D. K. INFRA PROJECTS (INDIA) LIMITED [Strike Off] CIN = U45400WB2011PLC170421

Company & Directors' Information:- SURENDRA PROJECTS PVT LTD [Strike Off] CIN = U45203WB1995PTC074204

Company & Directors' Information:- PROJECTS PVT LTD [Strike Off] CIN = U45201WB1951PTC019759

Company & Directors' Information:- J S INFRA PROJECTS PRIVATE LIMITED [Active] CIN = U45400WB2011PTC163788

Company & Directors' Information:- P KUMAR & CO PRIVATE LIMITED [Strike Off] CIN = U27105WB1998PTC087242

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

Company & Directors' Information:- A & A TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U63010TN2008PTC070171

Company & Directors' Information:- B S INFRA PROJECTS PRIVATE LIMITED [Active] CIN = U45400WB2010PTC151174

Company & Directors' Information:- V K M PROJECTS PRIVATE LIMITED [Active] CIN = U45400UP2011PTC045725

Company & Directors' Information:- S P TRANSPORT COMPANY PRIVATE LIMITED [Active] CIN = U74899DL1994PTC059085

Company & Directors' Information:- K P PROJECTS PVT LTD [Active] CIN = U70101WB1996PTC077397

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

Company & Directors' Information:- C R PROJECTS PRIVATE LIMITED [Active] CIN = U45400PB2009PTC032572

Company & Directors' Information:- N D B K PROJECTS (INDIA) PRIVATE LIMITED [Active] CIN = U27100PB2012PTC036987

Company & Directors' Information:- N P R PROJECTS INDIA PRIVATE LIMITED [Strike Off] CIN = U45400TN2012PTC086360

Company & Directors' Information:- G P N PROJECTS PRIVATE LIMITED [Strike Off] CIN = U18101TZ2006PTC012749

Company & Directors' Information:- Y. M. INFRA PRIVATE LIMITED [Active] CIN = U45400MH2010PTC211055

Company & Directors' Information:- D H V PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45200TG2005PTC045988

Company & Directors' Information:- V K R PROJECTS PRIVATE LIMITED [Active] CIN = U45200TG2005PTC046370

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

Company & Directors' Information:- M R INFRA & PROJECTS INDIA PRIVATE LIMITED [Strike Off] CIN = U45209TG2011PTC074858

Company & Directors' Information:- I N C PROJECTS PRIVATE LIMITED [Active] CIN = U70109WB2005PTC101620

Company & Directors' Information:- J. S. PROJECTS PRIVATE LIMITED [Active] CIN = U45400WB2009PTC136510

Company & Directors' Information:- KUMAR L P G PRIVATE LIMITED [Strike Off] CIN = U23201DL2001PTC113203

Company & Directors' Information:- KALPTARU PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45201DL2006PTC147805

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

Company & Directors' Information:- D J PROJECTS PRIVATE LIMITED [Active] CIN = U15201DL2005PTC134979

Company & Directors' Information:- M S C K PROJECTS PRIVATE LIMITED [Converted to LLP] CIN = U70101DL2005PTC135407

Company & Directors' Information:- KALPTARU INDIA PRIVATE LIMITED [Active] CIN = U52300DL2013PTC252484

Company & Directors' Information:- G-9 INFRA PROJECTS PRIVATE LIMITED [Active] CIN = U45202MP2021PTC054704

Company & Directors' Information:- B R T PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45203TG1996PTC025021

Company & Directors' Information:- T AND M PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45201KA2008PTC045199

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:- A B TRANSPORT PRIVATE LIMITED [Active] CIN = U60221RJ2000PTC016701

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

Company & Directors' Information:- J S N INFRA (INDIA) LIMITED [Active] CIN = U45400UP2012PLC050189

Company & Directors' Information:- S V V INFRA PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45200TG2009PTC065498

Company & Directors' Information:- K M M INFRA PROJECTS PRIVATE LIMITED [Active] CIN = U45209TG2013PTC088878

Company & Directors' Information:- A C G PROJECTS PRIVATE LIMITED [Active] CIN = U45201UP1999PTC024162

Company & Directors' Information:- C K B PROJECTS INDIA LIMITED [Strike Off] CIN = U70102WB2012PLC188740

Company & Directors' Information:- G. G. TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U60210AS2008PTC008576

Company & Directors' Information:- N E PROJECTS LTD [Strike Off] CIN = U16009AS1999PLC005873

Company & Directors' Information:- A R INFRA PROJECTS LIMITED [Active] CIN = U45400DL2010PLC198594

Company & Directors' Information:- D R PROJECTS PRIVATE LIMITED [Active] CIN = U74899DL2001PTC109612

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:- I J PROJECTS PRIVATE LIMITED [Strike Off] CIN = U70102KA2009PTC049320

Company & Directors' Information:- G C N PROJECTS PRIVATE LIMITED [Active] CIN = U45200KA2011PTC061371

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

Company & Directors' Information:- L N PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45200TG2004PTC043064

Company & Directors' Information:- A P K TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U60221TN2005PTC058057

Company & Directors' Information:- H B PROJECTS PVT LTD [Amalgamated] CIN = U45201WB1993PTC058846

Company & Directors' Information:- I. T. G PROJECTS PRIVATE LIMITED [Active] CIN = U74899DL1994PTC063342

Company & Directors' Information:- N-INFRA PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45200TG2008PTC057620

Company & Directors' Information:- M. M. INFRA PROJECTS PRIVATE LIMITED [Active] CIN = U70109WB2011PTC165005

Company & Directors' Information:- P. S. PROJECTS PRIVATE LIMITED [Converted to LLP and Dissolved] CIN = U70109WB2011PTC170655

Company & Directors' Information:- S P S TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U63090WB1997PTC085564

Company & Directors' Information:- D R R INFRA PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45200TG2007PTC055772

Company & Directors' Information:- R V INFRA PROJECTS INDIA PRIVATE LIMITED [Active] CIN = U45400WB2011PTC158257

Company & Directors' Information:- TRANSPORT COMPANY PRIVATE LIMITED [Active] CIN = U60210TN1938PTC003051

Company & Directors' Information:- G K V INFRA PRIVATE LIMITED [Strike Off] CIN = U45200PN2011PTC141814

Company & Directors' Information:- U M T INFRA PROJECTS PRIVATE LIMITED [Active] CIN = U45400MH2013PTC244469

Company & Directors' Information:- A R N PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45202MH2010PTC199122

Company & Directors' Information:- A G L TRANSPORT PRIVATE LIMITED [Active] CIN = U63090TN2005PTC056306

Company & Directors' Information:- H. K. PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45400WB2007PTC116467

Company & Directors' Information:- R K B INFRA PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45400WB2009PTC132587

Company & Directors' Information:- D M C PROJECTS PRIVATE LIMITED [Strike Off] CIN = U74140WB2005PTC105972

Company & Directors' Information:- A H V INFRA PROJECTS PRIVATE LIMITED [Strike Off] CIN = U74999WB2012PTC180309

Company & Directors' Information:- W M TRANSPORT COMPANY PRIVATE LIMITED [Active] CIN = U60210DL2001PTC113547

Company & Directors' Information:- G. S. INFRA PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45400DL2008PTC174931

Company & Directors' Information:- S P PROJECTS (INDIA) PRIVATE LIMITED [Active] CIN = U45400DL2010PTC203910

Company & Directors' Information:- J R PROJECTS PRIVATE LIMITED [Strike Off] CIN = U70109HR2012PTC045119

Company & Directors' Information:- C N R PROJECTS INDIA PRIVATE LIMITED [Active] CIN = U45201KA2007PTC041355

Company & Directors' Information:- B V M TRANSPORT CO. PRIVATE LIMITED [Strike Off] CIN = U00739KA1998PTC024103

Company & Directors' Information:- A O TRANSPORT COMPANY PRIVATE LIMITED [Active] CIN = U99999MH1960PTC011783

Company & Directors' Information:- A J PROJECTS (INDIA) PRIVATE LIMITED [Strike Off] CIN = U45201MH2006PTC164622

Company & Directors' Information:- P B S INFRA PROJECTS PRIVATE LIMITED [Strike Off] CIN = U70102TG2008PTC060836

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

Company & Directors' Information:- M R TRANSPORT COMPANY PVT LTD [Strike Off] CIN = U63090WB1987PTC042118

Company & Directors' Information:- J M PROJECTS PRIVATE LIMITED [Active] CIN = U45200MP2007PTC019336

Company & Directors' Information:- L S S PROJECTS PRIVATE LIMITED [Active] CIN = U45400UP2013PTC059508

Company & Directors' Information:- M KUMAR AND CO PVT LTD [Strike Off] CIN = U18101DL1982PTC014823

Company & Directors' Information:- P P TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U63090DL2003PTC119167

Company & Directors' Information:- D D J TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U60210PB1996PTC019190

Company & Directors' Information:- M M TRANSPORT PVT LTD [Strike Off] CIN = U60231PB1979PTC004031

Company & Directors' Information:- J P TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U60231PB1997PTC019652

Company & Directors' Information:- A TO Z PROJECTS PRIVATE LIMITED [Strike Off] CIN = U70101DL1995PTC069527

Company & Directors' Information:- G I T T PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45201TG2006PTC051193

Company & Directors' Information:- N P TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U63090OR2012PTC015128

Company & Directors' Information:- Z & I PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45309TN2007PTC064972

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

Company & Directors' Information:- B. G. PROJECTS PRIVATE LIMITED [Active] CIN = U45400MH2012PTC231270

Company & Directors' Information:- R M INFRA PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45400MH2011PTC224655

Company & Directors' Information:- A N G TRANSPORT COMPANY PRIVATE LIMITED [Active] CIN = U60300MH2013PTC246013

Company & Directors' Information:- L M A TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U63090MH2002PTC135727

Company & Directors' Information:- K. G. N. TRANSPORT PRIVATE LIMITED [Active] CIN = U74999MH2017PTC301073

Company & Directors' Information:- M C W INFRA PROJECTS PRIVATE LIMITED [Strike Off] CIN = U74120MH2013PTC244153

Company & Directors' Information:- S. A. INFRA PROJECTS (INDIA) PRIVATE LIMITED [Active] CIN = U45400TG2015PTC099812

Company & Directors' Information:- P S R PROJECTS INDIA PRIVATE LIMITED [Active] CIN = U45400TG2015PTC101191

Company & Directors' Information:- C Z INFRA PROJECTS PRIVATE LIMITED [Active] CIN = U45400TG2016PTC103916

Company & Directors' Information:- P AND C INFRA PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45200TN2014PTC096607

Company & Directors' Information:- U K PROJECTS AND INFRA PRIVATE LIMITED [Active] CIN = U45200TN2015PTC102111

Company & Directors' Information:- E & E PROJECTS PRIVATE LIMITED [Active] CIN = U45400UP2015PTC075033

Company & Directors' Information:- B B R PROJECTS PRIVATE LIMITED [Active] CIN = U45200TG2005PTC045165

Company & Directors' Information:- M V R PROJECTS PRIVATE LIMITED [Active] CIN = U45200TG2005PTC045166

Company & Directors' Information:- M N C INFRA PROJECTS PRIVATE LIMITED [Active] CIN = U45200TG2008PTC058369

Company & Directors' Information:- L V S PROJECTS PRIVATE LIMITED [Under Process of Striking Off] CIN = U45200TG2010PTC068286

Company & Directors' Information:- K V P INFRA PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45209TG2011PTC073318

Company & Directors' Information:- L K D INFRA PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45209TG2013PTC085748

Company & Directors' Information:- B S TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U63040TG2015PTC097190

Company & Directors' Information:- R N V PROJECTS PRIVATE LIMITED [Active] CIN = U70102UP2011PTC044240

Company & Directors' Information:- B N KUMAR & CO PVT LTD [Strike Off] CIN = U52341WB1941PTC010643

Company & Directors' Information:- K AND A TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U60200HP2010PTC031455

Company & Directors' Information:- K. C. TRANSPORT PRIVATE LIMITED [Active] CIN = U63030JK2017PTC009897

Company & Directors' Information:- J G INFRA PRIVATE LIMITED [Active] CIN = U45209CH2012PTC034095

Company & Directors' Information:- S N TRANSPORT PRIVATE LIMITED [Under Process of Striking Off] CIN = U60200DL2014PTC264029

Company & Directors' Information:- K L PROJECTS PRIVATE LIMITED [Active] CIN = U27104DL2003PTC119655

Company & Directors' Information:- K S M PROJECTS PRIVATE LIMITED [Active] CIN = U45400DL2009PTC194824

Company & Directors' Information:- 3 G PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45400DL2015PTC276736

Company & Directors' Information:- I S R PROJECTS PRIVATE LIMITED [Active] CIN = U74140DL2005PTC138210

Company & Directors' Information:- L V PROJECTS PRIVATE LIMITED [Active] CIN = U74140DL2014PTC272838

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

Company & Directors' Information:- M K PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45201DL2002PTC117787

Company & Directors' Information:- B V M PROJECTS PRIVATE LIMITED [Active] CIN = U45201DL2004PTC131352

Company & Directors' Information:- B R S INFRA PROJECTS PRIVATE LIMITED [Active] CIN = U45201DL2013PTC248023

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:- K. J. S. PROJECTS PRIVATE LIMITED [Active] CIN = U70109DL2006PTC152898

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

Company & Directors' Information:- R J TRANSPORT COMPANY PRIVATE LIMITED [Active] CIN = U63010DL2013PTC248305

Company & Directors' Information:- D V INFRA PROJECTS PRIVATE LIMITED [Active] CIN = U45200AP2014PTC095005

Company & Directors' Information:- N V R INFRA PROJECTS PRIVATE LIMITED [Active] CIN = U70100AP2015PTC097985

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

Company & Directors' Information:- V N R PROJECTS PRIVATE LIMITED. [Active] CIN = U45400AP2008PTC060896

Company & Directors' Information:- C R R PROJECTS PRIVATE LIMITED [Active] CIN = U45400AP2015PTC097217

Company & Directors' Information:- S. K. T. TRANSPORT INDIA PRIVATE LIMITED [Strike Off] CIN = U60230MP2012PTC028886

Company & Directors' Information:- A R P PROJECTS PRIVATE LIMITED [Active] CIN = U45200HR2012PTC044979

Company & Directors' Information:- H V PROJECTS PVT LTD [Active] CIN = U45202HR1997PTC033617

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

Company & Directors' Information:- V & V PROJECTS PRIVATE LIMITED [Strike Off] CIN = U70109KA2005PTC037578

Company & Directors' Information:- M S S PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45202KA2005PTC037905

Company & Directors' Information:- C AND T PROJECTS PRIVATE LIMITED [Strike Off] CIN = U74140GJ2009PTC057480

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:- A AND B PROJECTS PRIVATE LIMITED [Active] CIN = U45201GJ2007PTC051077

Company & Directors' Information:- D. B. INFRA PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45201GJ2010PTC059696

Company & Directors' Information:- B. P. S. R. PROJECTS PRIVATE LIMITED [Active] CIN = U70109RJ2018PTC063238

Company & Directors' Information:- R A INFRA PROJECTS PRIVATE LIMITED [Active] CIN = U29309RJ2021PTC075070

Company & Directors' Information:- V J INFRA PROJECTS INDIA PRIVATE LIMITED [Active] CIN = U45500AP2021PTC118892

Company & Directors' Information:- D C V TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U60210TZ1960PTC000375

Company & Directors' Information:- V & T INFRA PRIVATE LIMITED [Strike Off] CIN = U70100TG2008PTC061671

Company & Directors' Information:- R M S PROJECTS PVT LTD [Strike Off] CIN = U74210DL1975PTC007946

Company & Directors' Information:- A. R. PROJECTS PRIVATE LIMITED [Strike Off] CIN = U40200DL2007PTC161559

Company & Directors' Information:- P V E TRANSPORT PRIVATE LIMITED [Active] CIN = U60210TN1961PTC004682

Company & Directors' Information:- SURENDRA COMPANY PRIVATE LIMITED [Dissolved] CIN = U74900KL1950PTC001099

Company & Directors' Information:- THE TRANSPORT COMPANY LIMITED [Dissolved] CIN = U99999MH1940PLC010301

Company & Directors' Information:- KUMAR AND COMPANY LIMITED [Dissolved] CIN = U99999MH1940PTC003124

Company & Directors' Information:- SURENDRA AND CO. LIMITED [Dissolved] CIN = U99999MH1949PLC007920

    Civil Miscellaneous Appeal No. 2355 of 2018 & Arbitration Application No. 17 of 2020

    Decided On, 06 October 2021

    At, High Court of Rajasthan Jaipur Bench

    By, THE HONOURABLE CHIEF JUSTICE MR. INDRAJIT MAHANTY

    For the Appearing Parties: Swadeep Singh Hora, Alok Chaturvedi, V.P. Mathur, Advocates.



Judgment Text

1. Since the controversy involved in both the matters is one and same and arguments were also made simultaneously by the respective parties, therefore, they are being decided by this common judgment.2. Heard learned counsel for the respective parties and have also carefully gone through the record.S.B. Civil Miscellaneous Appeal No. 2355/2018:3. By way of the present Civil Misc. Appeal, the appellants have prayed for the following reliefs:“It is, therefore, most humbly prayed that your Lordships may graciously be pleased to accept and allow the appeal and kindly be pleased to quash and set aside the judgment and decree dated 04.12.2017 passed by the Additional District Judge No.7, Jaipur Metropolitan, Jaipur in Arbitration Case No.13/2013 (CIS No.1216/2014) and be pleased to restore the Award dated 15.10.2012 passed by the Sole Arbitrator in Arbitration Claim Case No.130/2012 to meets the ends of justice.Any other direction or order which your Lordships deem fit and proper in the facts and circumstances of the case in favour of the appellant-Corporation be kindly passed.”4. Learned counsel for the appellants contended that on 30.07.2007, applications/tenders were invited by the appellant/ Non-Claimant/Rajasthan State Road Transport Corporation (for short, ‘the Corporation’) regarding display of advertisement on the Corporation’s buses. It was stated in the claim that earlier the predecessor company of the claimant/respondent, namely M/s Synergy Ceramics Pvt. Ltd. filed an application for participating in the bid process by submitting its bid, wherein it was found a highest bidder. It was further stated in the claim that vide letter dated 18.06.2007, M/s Synergy Ceramics Pvt. Ltd. was asked to deposit the license fee of Rs. 21,24,800/- through a demand draft as also to submit requisite bank guarantee in the sum of Rs. 1,27,48,800/-. In pursuance thereof, M/s Synergy Ceramics Pvt. Ltd. submitted a cheque and also furnished bank guarantee bond. It was further submitted that M/s Synergy Ceramics Pvt. Ltd. was given license by the appellant-Corporation by letter dated 23.06.2007 for the period from 26.06.2007-25.06.2010, as claimed in the claim petition. M/s Synergy Ceramics Pvt. Ltd. changed its name as M/s Synergy Advertising Pvt. Ltd. under Section 23 of the Companies Act and accordingly informed about the same to the Corporation vide letter dated 23.06.2007. After change of the name of firm, the appellant-Corporation by order dated 26.06.2007 had given the license to M/s Synergy Advertising Pvt. Ltd. for the period from 11.07.2007 to 10.07.2010 and it was provided with a copy of contract executed between M/s Synergy Advertising Pvt. Ltd. and appellant- Corporation on 06.08.2007. It was further submitted by the claimant in the claim petition that the appellant-Corporation failed to fulfill the terms and conditions of the contract and further, for the purpose of display neither the clean buses were made available nor the place for advertisement was provided and as a result of which, the claimants suffered financial losses. For the aforesaid reasons, the claimant-respondent had given a written proposal not to perform the work. It was claimed that the Corporation terminated the contract by order dated 12.05.2008. In the above circumstances, a claim petition came to be filed by the claimant-respondent for payment of Rs.2,97,38,802/- against the Corporation.5. It was further asserted that the appellant-Corporation resisted the claim petition by filing reply and raised preliminary objections, inter-alia, stating therein that in the bid proceedings, M/s Synergy Ceramics Pvt. Ltd. submitted its tender document and the Corporation by letter dated 23.06.2007 appointed the said firm as its licensee and thereafter in the amended process M/s Synergy Advertising Pvt. Ltd. was appointed the licensee, which submitted the bank guarantee bond and thus, the contract dated 03.08.2007 was duly executed between the Corporation and M/s Synergy Advertising Pvt. Ltd.. Further, it was averred that there was no contract ever executed between M/s Kalptaru Infra Projects Pvt. Ltd. and the appellant-Corporation.6. It was then submitted by the counsel for the appellant that the said claim petition came to be dismissed by the Sole Arbitrator vide its award dated 15.10.2012 on the ground that no contract was executed between the appellant-Corporation and M/s Kalptaru Infra Projects Pvt. Ltd. Feeling aggrieved by the said award dated 15.10.2012, the respondent-claimant filed an Objection Petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘the Act of 1996’), which came to be allowed by the learned Additional District and Sessions Judge No.7, Jaipur Metropolitan, Jaipur vide its judgment dated 04.12.2017.7. Learned counsel prayed that since the impugned judgment dated 04.12.2017 suffers from serious illegality and infirmity, the same deserves to be quashed and set aside and the appeal may be allowed.8. On the other hand, learned counsel appearing for the respondents has supported the impugned judgment passed by the Court below and prayed that the appeal may be dismissed.S.B. Arbitration Application No. 17/20209. By way of the Arbitration Application filed under Section 11 of the Act of 1996, the applicant has sought for the following reliefs:“It is, therefore, prayed that this Hon’ble Court may issue necessary orders and directions for appointment of an independent Arbitrator to decide dispute between the parties in terms of contract dated 06.08.2007 between the Applicant and RSRTC by appointing an independent and impartial arbitrator.Any other just and suitable order may be passed in favor of Applicant.”10. Learned counsel for the applicant submitted that in the year 2007, the respondent-Corporation invited tender for displaying advertisements on the space available in 3200 buses of the Corporation on license basis. The applicant was doing the business in the name and style of M/s Synergy Ceramics Pvt. Ltd. at the relevant time. As per clause-37 of the tender, the dispute, if any, between the parties was to be resolved through arbitration by the Chairman of the Corporation. In pursuance of the above tender, the applicant submitted its bid along with a draft of Rs.10 lacs dated 11.06.2007 as security amount. Since the applicant’s tender was the highest, the Corporation sent it the acceptance letter dated 18.06.2007 directing to submit advance license fee of Rs.21,24,800/- as also the tender fee of Rs.1,27,48,800/- by 25.06.2007 in order to obtain license for displaying advertisements on the buses. On 20.06.2007, the applicant wrote a letter to the Corporation stating that the applicant had deposited advance license fee of Rs.21,24,800/- through a cheque in favour of RSRTC, but the bank guarantee will be submitted within a period of 15 to 20 days. On deposit of advance license fee by the applicant, the Corporation vide order dated 23.06.2007 (Annexure-4), appointed the applicant as the licensee specifying the conditions of licensee and also informed the applicant that the license period will be from 20.06.2007 to 25.06.2010.11. It was further submitted that later M/s Synergy Ceramics Pvt. Ltd. changed its name to M/s Synergy Advertising Company Pvt. Ltd. under Section 23 of the Companies Act and also informed the Corporation to this effect vide letter dated 23.06.2007 (Annexure-5). In response thereto, the Corporation vide its letter dated 26.06.2007 (Annexure-6), accepted the change in the name of the applicant firm and accordingly, new revised license was issued in the new name of the company, to be operational from the revised date 11.07.2007 to 10.07.2010. Thereafter, on 23.07.2007 the applicant submitted guarantee bond and also deposited license fee to the tune of Rs.2,93,848/-, bringing it to the notice of the Corporation vide letter dated 26.07.2007 (Annexure-8). It was further submitted that on 06.08.2007, the applicant was provided with an executed copy of the contract between the applicant and the Corporation. Despite the agreement, the Corporation failed to provide space on the buses for displaying the advertisements and as a result of which, the applicant suffered huge losses. The applicant vide letter dated 14.08.2007, deposited a cheque of Rs.13,90,201/-. Thereafter, vide another letter dated 29.08.2007 (Annexure-12), the applicant informed the Corporation that as per the agreement, approval for advertising was not given till date and due to which, the applicant was unable to book orders with the customers for advertisement on the buses. Vide another letter dated 03.09.2007 (Annexure- 13), the applicant requested the Corporation to make a joint inspection of the Corporation’s Depot so as to handover it the clean and clear bus panels.12. Learned counsel also asserted that on the demand raised by the Corporation vide letter dated 11.10.2007, the applicant deposited another license fee of Rs.18,92,019/- through a cheque vide letter dated 22.10.2007 (Annexure-14). Thereafter, vide letter dated 24.10.2007 (Annexure-15), the applicant expressed its inability to advertise on the buses as there existed old advertisements on the same. The grievance of the applicant was that it had suffered gross hardships on account of non-compliance on the part of the Corporation and, therefore, vide notice dated 13.11.2007, the applicant was compelled to write the Corporation that it did not wish to continue with the contract. After repeated requests made to the Corporation when no response was received, the applicant decided to discontinue the contract and, therefore, vide letter dated 04.12.2007 (Annexure-19), it expressed its desire to invoke clause 23 of the contract. However, yet another demand for the license fee was raised for the period from 11.12.2007 to 10.01.2008 by the Corporation vide letter dated 12.12.2007. Thereafter, the Corporation communicated to the applicant vide letter dated 24.12.2007, in response to the applicant’s letter dated 04.12.2007, that the agreement could be discontinued as per the request under clause 23 of the agreement after expiry of six months period from the date of request i.e. on 03.06.2008. Later on also, the Corporation repeatedly raised demands to deposit the license fee. Ultimately, vide letter dated 12.05.2008 (Annexure-22), on deposit of the demanded license fee, the Corporation agreed for terminating the contract between the applicant and the Corporation as per clause 23 of the agreement. Consequently, a letter dated 16.05.2008 came to be issued to the applicant by the Corporation stating that the contract has been terminated and that Rs.10 lacs deposited as security amount will be adjusted in the remaining license fee. Since the Corporation failed to release the bank guarantee, the applicant vide letter dated 24.06.2008 (Annexure-23) requested the Corporation to release the same which was illegally withheld. In response thereto, the Corporation vide letter dated 26.06.2008 (Annexure-24), decided to release the bank guarantee of Rs.1,27,48,800/-.13. It was contended by the learned counsel for the applicant that on 26.03.2010 the applicant sent a detailed letter to the Corporation raising claim/demand for a sum of Rs.2,14,24,620/- with interest @ 18% p.a. on the same towards non-refund of the license fee, which was illegally recovered from the applicant in breach of the agreement on the part of the Corporation in failing to provide space on the buses for advertisements. To this, the Corporation vide letter dated 22.04.2010 (Annexure-26), rejected the claim/demand raised by the applicant stating that as the license fee was charged as per the agreement, therefore, no money could be refunded back. Thereafter, the applicant vide letter dated 03.06.2010 (Annexure-27) addressed to the Chairman as also the Chief General Manager of the Corporation, sought compensation as well as invoked arbitration and vide letter dated 10.03.2012 (Annexure-28), the applicant agreed to appoint the Chairman-cum-Managing Director of the Corporation as Arbitrator. It was submitted that M/s Synergy Advertising Pvt. Ltd. changed its name as M/s Kalpatru Infra Projects Pvt. Ltd. on 19.11.2008.14. Learned counsel contended that on 13.07.2012, the applicant filed a claim petition before the Chairman of the Corporation for payment of illegal recovery of license fee to the tune of Rs.1,49,54,512/- for the period from 11.12.2007 to 12.05.2008 with security deposit and earnest money of Rs.17,25,443/- etc. along with interest @ 18%. However, the claim petition came to be dismissed by the Arbitrator vide award dated 15.10.2012 without taking into consideration the grievance of the applicant.15. Feeling aggrieved and dissatisfied with the award dated 15.10.2012, the applicant preferred an Objection Petition under Section 34 of the Act of 1996 before the learned Additional District & Sessions Judge No.7, Jaipur Metropolitan. The Court below after hearing the rival submissions of the parties, set aside the impugned Award dated 15.10.2012 vide its judgment dated 04.12.2017. The said judgment dated 04.12.2017 has been impugned in the connected S.B. Civil Misc. Appeal No.2355/2018 by the Corporation.16. It was also submitted that the Chairman of the Corporation is disqualified from being an arbitrator as there is uncontroverted bias attached to his position. In this regard, reliance was placed on the judgments rendered in Bihar State Mineral Development Corporation Vs. Encon Builders, (2003) 7 SCC 418 and TRF Ltd. Vs. Energo Engineering Projects Ltd., (2017) 8 SCC 377, wherein it was held by the Hon’ble Supreme Court that once the named Arbitrator becomes ineligible, he cannot nominate other person as an Arbitrator. He also referred to the recent judgment of the Hon’ble Supreme Court in Special Leave Petition(Civil) No.13520/2021- Jaipur Zila Dugdh Utpadak Sahkari Sangh Limited & Ors. Vs. M/s Ajay Sales & Suppliers, dated 09.09.2021.17. Learned counsel submitted that as per Section 12(5) read with Schedule V and VII, the Chairman has become ineligible for appointment as an Arbitrator. He also referred to Section 11(6) (c), which reads as under:“11. Appointment of arbitrators-(6) Where, under an appointment procedure agreed upon by the parties:(a) a party fails to act as required under that procedure; or(b) the parties, or the two appointed arbitrators, fail to reach an agreement expected of them under that procedure; or(c) a person, including an institution, fails to perform any function entrusted to him or it under that procedure, a party may request [the Supreme Court or, as the case may be, the High Court or any person or institution designated by such Court] to take the necessary measure, unless the agreement on the appointment procedure provides other means for securing the appointment.”18. A prayer has, therefore, been made by the learned counsel for the applicant to appoint an independent Arbitrator, who is not related to either applicant or the respondent-Corporation and who can act impartially to conduct fresh arbitration proceedings and decide all the disputes between the parties in terms of the contract following the due process of law.19. A reply to the Arbitration Application has been filed by the respondents. It was contended by the learned counsel for the respondents that the applicant had already invoked the arbitration clause and the Chairman of the Corporation was appointed as Arbitrator in terms of the provisions of clause 37 of the tender. The claim petition filed by the applicant was also adjudicated by the designated sole arbitrator vide its award dated 15.10.2012 and the same was dismissed. However, the applicant filed an application under Section 34 of the Act challenging the said award and the learned Court below vide judgment dated 04.12.2017 quashed and set aside the impugned award dated 15.10.2012. The said judgment dated 04.12.2017 is under challenge in the connected Civil Misc. Appeal filed by the Corporation. In the circumstances, the applicant cannot be permitted to start second round of arbitral proceedings in the present matter.20. It was further contended that in the present matter in terms of Annexure-1 to the application, a letter dated 18.06.2007 (Annexure-2) was issued in favour of M/s Synergy Ceramic Pvt. Ltd. Subsequently, M/s Synergy Ceramic Pvt. Ltd. submitted an application dated 23.06.2007 (Annexure-5) praying for changing the name of M/s Synergy Ceramic Pvt. Ltd. to M/s Synergy Advertising Company Pvt. Ltd. In response to the above, the Corporation vide letter dated 26.06.2007 (Annexure-6) issued new revised license to the applicant for the period from 11.07.2007 to 10.07.2010 and thus, the Corporation executed the contract agreement with M/s Synergy Advertising Company Pvt. Ltd. vide Annexure-10 of the application. The respondent- Corporation is having no knowledge or information about the present applicant and there was no agreement executed with M/s Kalptaru Infra Projects Pvt. Ltd. and, therefore, the present arbitration application cannot be held to be maintainable. That apart, it was also contended that the present application has been filed in the year 2020, whereas in the present case the issuance of the tender conditions (Annexure-1) and the contract agreement (Annexure-2) was made in the year 2007-2008 and as such, the arbitration application is barred by limitation also. Furthermore, the sole arbitrator conducted the arbitral proceedings in accordance with the provisions of law and has passed the award taking into consideration the entire material available on record. Accordingly, a prayer was made to dismiss the arbitration application.21. I have heard rival submissions and with their assistance carefully gone through the material available on record.22. It is not in dispute that pursuant to the tender invited by the Corporation for displaying advertisements on the space available on the buses of the Corporation, M/s Synergy Ceramics Pvt. Ltd. was issued acceptance letter. Later M/s Synergy Ceramics Pvt. Ltd. changed its name as M/s Synergy Advertising Pvt. Ltd. Thereafter, an agreement dated 03.08.2007 came to be executed between the Corporation and M/s Synergy Advertising Company Pvt. Ltd. which includes its owner, partner, successor, administrator, M/s Synergy Ceramics Pvt. Ltd. etc., as is evident from Annexure-10. However, the name of M/s Synergy Advertising Pvt. Ltd. was again changed as M/s Kalpatru Infra Projects Pvt. Ltd.. The dispute arose when after repeated requests made to the Corporation to provide space on the buses for displaying the advertisements, no response was received by the applicant- M/s Kalpatru Infra Project Pvt. Ltd. and it was compelled to invoke the arbitration clause and ultimately vide letter dated 10.03.2012, it agreed to appoint the Chairman-cum-Managing Director of the Corporation as Arbitrator stating therein as under:“Because now we do not have any other option to appoint you as arbitrator as per the agreement. You are requested to accept your appointment as a Sole Arbitrator, enter upon the reference and fix a preliminary hearing in the matter.”23. However, vide award dated 15.10.2012, the learned Arbitrator rejected the claim, which was challenged by the applicant before the learned Additional District Judge No.7, Jaipur Metropolitan, Jaipur. Learned Court below, while referring to Sections 21 and 23(1) of the Company Act, 1956, has observed that it is clear that if the change of name has taken place, in that event legal proceedings can be continued by or against the company by its new name, but the learned Arbitrator has dismissed the claim petition of the applicant on the ground that no agreement was ever executed with M/s Kalptaru Infra Projects Pvt. Limited. Thus the learned Arbitrator has passed the award ignoring the provisions of Sections 21 and 23 of the Company Act, 1956. Learned Court below has also referred to Section 73 and 74 of the Contract Act, 1872 and accordingly vide judgment dated 04.12.2017 has observed as follows:“Learned Arbitrator, while passing award has not considered the provisions of Section 73 and 74 of the Contract Act. Besides this, award dated 15.10.2012 having not been stamped in accordance with Article 12 and 15 of the Indian Stamped Act. It is clear that award dated 15.10.2012 having not been passed legally. In view of the above mentioned provisions and discussion, award dated 15.10.2012 is being set aside. Case file be consigned to record room after due compliance.”24. In the considered view of this Court, the findings returned by the Court below are based on correct appreciation of the material placed on record and correct interpretation of the legal position. As there is no illegality or infirmity in the impugned judgment dated 04.12.2017, the same requires no interference by this Court.25. Consequently, there is no merit in S.B. Civil Misc. Appeal No.2355/2018 and the same is hereby dismissed.26. So far as S.B. Arbitration Application No.17/2020 is concerned, the contention of the applicant is that the Chairman of the Corporation is disqualified from being an arbitrator as there is uncontroverted bias attached to its position and further, as per Section 12(5) read with Schedule V and VII, the Chairman has become ineligible for appointment as an Arbitrator. Accordingly a prayer has been made for appointment of a third party arbitrator having no relation either with the applicant or the respondent-Corporation and who can act impartially for conducting the fresh arbitration proceedings.27. Admittedly, there is no dispute that the Act of 1996 was amended by inserting sub-section (5) to Section 12 by amendment dated 23.10.2015 read with Seventh Schedule of the Act. It is also not in di

Please Login To View The Full Judgment!

spute that the Chairman of the Corporation was clearly a person who has relationship with the parties and the subject matter of dispute falls under categories specified under Seventh Schedule. Clause(5) of the Seventh Schedule of the Act of 1996 reads thus:-“(5) The arbitrator is a manager, director or part of the management, or has a similar controlling influence, in an affiliate of one of the parties if the affiliate is directly involved in the matters in dispute in the arbitration.”28. This Court is of the opinion that in view of Section 12(5) of the Act of 1996 read with Seventh Schedule of the Arbitration, the Chairman of the Corporation is no more competent to appoint an independent arbitrator and the prayer of the learned counsel for the applicant appears to be reasonable.29. Furthermore, in the case of Jaipur Zila Dugdh Utpadak Sahkari Sangh Limited & Ors.. , the Hon’ble Supreme Court has observed as under:“11. In view of the above and for the reasons stated above once the sole arbitrator - Chairman is 'ineligible' to act as an arbitrator to resolve the dispute between the parties in view of Sub-section (5) of Section 12 read with Seventh Schedule to the Act he loses mandate to continue as a sole arbitrator. Therefore, it cannot be said that the High Court has committed any error in appointing the arbitrator other than the sole arbitrator - Chairman as per Clause 13 of the Agreement in exercise of powers, under Section 11 read with Section 14 of the Act.12. In view of the above and for the reasons stated above all these applications deserve to be dismissed. The special leave petitions are dismissed accordingly.”30. In view of the above, this Court directs appointment of Hon’ble Mr. Justice Raghuvendra Singh Rathore (Retd.), R/o Plot No.5, Nehru Path, Krishna Nagar-II, Lal Kothi, Jaipur to act as an Arbitrator and to decide all issues without prejudice to the rights and contentions raised in the present application and in the reply. The arbitration fees shall be in accordance with the Fourth Schedule of the Act of 1996. The parties are at liberty to raise all such objections before the Arbitrator.31. Registry is directed to intimate Hon’ble Mr. Justice Raghuvendra Singh Rathore (Retd.) of his appointment as Arbitrator and parties are at liberty to call upon appropriate date for necessary directions.32. Accordingly, the S.B. Arbitration Application No. 17/2020 stands allowed.
O R