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



Ved Prakash (Authorized Representative), M/s. Karmic Energy Private Limited v/s P. Ponram, Managing Partner, M/s. Unicon Engineers, Coimbatore


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:- KARMIC ENERGY PRIVATE LIMITED [Active] CIN = U40107DL2010PTC202128

Company & Directors' Information:- PRAKASH ENGINEERS PRIVATE LIMITED. [Active] CIN = U27101OR1993PTC003273

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

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

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:- 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:- 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:- 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:- PRAKASH ENERGY PRIVATE LIMITED [Strike Off] CIN = U85190DL1996PTC082306

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:- UNICON ENERGY INDIA PRIVATE LIMITED [Strike Off] CIN = U40108TZ2009PTC015189

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:- VED PRAKASH CORPORATION PRIVATE LIMITED [Strike Off] CIN = U17200DL2013PTC255680

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:- 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:- 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:- 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:- 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:- 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:- UNICON ENGINEERS P LTD [Strike Off] CIN = U45203CH1985PTC006384

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

    Original Petition No. 424 of 2018

    Decided On, 08 January 2019

    At, High Court of Judicature at Madras

    By, THE HONOURABLE MR. JUSTICE S. VAIDYANATHAN

    For the Petitioner: Rajkishore Bhagwatsaran, Advocate. For the Respondent: B. Manoharan (Caveator).



Judgment Text

(Prayer: Petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 to set aside the Exparte Award dated 05.08.2016 passed in Case No. M&SEFC/CBER/26/2016.)

1. The petitioner has come forward with this Original Petition challenging the Arbitral Award dated 05.08.2016, on the ground that it is an Ex-Parte Award.

2. The case of the petitioner is that there were two Agreements dated 31.05.2013 and 12.06.2013, entered into between the parties, with regard to supply of equipments that are required for setting up a small plant and the total cost of both orders was fixed at Rs.115 Lakhs plus applicable taxes and duties extra for Design, Engineering etc.

3. According to the learned counsel for the petitioner, there was short supply of equipments required for setting up of the plant, by the respondent and the equipments were inspected by both the parties. When there is short supply of the contracted list and there is delay in erection and completion of the plant due to the short supply of equipments, the responsibility lies on the respondent. Hence, according to the learned counsel, the Exparte Award dated 05.08.2016, directing the Petitioner to pay the principal sum of Rs.34,56,479/- (Rupees Thirty Four Lakhs Fifty Six Thousand And Four Hundred and Seventy Nine Only) together with compound interest with monthly rest, is bad.

4. Learned counsel for the petitioner further submitted that when both the Agreements entered into between the parties contain an Arbitration Clause, the respondent ought not to have invoked Micro, Small & Medium Enterprises Development Act, 2006 (hereinafter referred to as 'MSMED Act'). According to him, in terms of Section 18 of the MSMED Act, the Micro & Small Enterprises Facilitation Council, Coimbatore Region (for short 'Council'), which dealt with the matter, ought to have referred the matter to Arbitration Centre, if the respondent is not agreeing for an Arbitrator to be appointed by the petitioner in terms of the MSMED Act. As per the Arbitration Agreement, when the parties have agreed to have the seat of Arbitration at Delhi invoking the jurisdiction of the Council under the MSMED Act, the exparte Arbitral Award is liable to be interfered with.

5. Learned counsel for the petitioner also drew the attention of this Court to the petitioner's communication dated 02.06.2016, wherein it has been stated that the parties have agreed for Arbitration at New Delhi and that on going through the provisions of the MSMED Act, proper advice will be given by the Lawyer. He further submitted that the petitioner did not appear before the Council at Coimbatore, as the Council has no jurisdiction to entertain any dispute arising between the parties with regard to the two Agreements entered into between them.

6. Learned counsel for the Petitioner also drew the attention of this Court to the decision of the Bombay High Court in the case of M/s.Steel Authority of India Ltd. vs. The Micro, Small Enterprise Facilitation Council, reported in CDJ 2010 BHC 2883, wherein, the Court, considering Section 18 of the MSMED Act, has held that Arbitration has to be proceeded with, in spite of the MSMED Act being invoked.

7. Learned counsel went on to contend that in the exparte Award dated 05.06.2016 passed by the Arbitrator, none of the Exhibits filed by the respondents have been numbered and that the Award has to be considered as non-speaking Award and needs to be interfered with. He also contended that the parties have to be relegated to the Arbitrator, who shall be appointed either by this Court or by the Council, in terms of Section 18(3) of the MSMED Act.

8. In reply, learned counsel appearing for the respondent submitted that the respondent had agreed to supply the materials and there is no fault on his part. He further submitted that though both parties have agreed for an Arbitration, the petitioner did not appear before the Council under MSMED Act, except sending a representation and no plea was taken by him with regard to want of jurisdiction in terms of Section 18(3) of the MSMED Act.

9. He further contended that in terms of Section 19 of the MSMED Act, the entire Award amount has to be taken into account for deposit of 75% of the amount and that only 75% of the amount claimed alone has been deposited and hence, the petitioner is not entitled to get any relief, as he has not complied with the mandatory provisions under Section 19 of the MSMED Act and also the directions of this Court.

10. Heard the learned counsel for the parties and perused the material documents available on record.

11. In Application No.1511 of 2017 in O.P.(D) No.6821 of 2017, this Court, by an order dated 22.03.2017, held as follows:

"8.1. Thus, it is clear, out of two enactments, the provisions of the MSMED Act would prevail especially when it has a overriding provision under Section 24, where it has been clearly said that Sections 15 to 23 shall have the overriding effect, notwithstanding anything inconsistent therewith contained in any other law for the time being in force. Therefore, the contention that the Award passed by the Council is patently illegal, has to be rejected and it is rejected accordingly.

9.2. Therefore, it is clear that the deposit of 75% is mandatory except for the supplier. The Appellant is not the supplier, but the person benefited from the supplies made by the supplier. Therefore, the contention that the appellant is not liable to deposit 75% of the Award cannot be accepted and this contention is rejected."

12. The above cited order passed in Application No.1511 of 2017 in O.P.(D) No.6821 of 2017 was challenged by the Petitioner herein in O.S.A.No.96 of 2017 and a Division Bench of this Court, by an order dated 25.10.2017, held as under:

"20. Therefore, we are inclined to say that pre-deposit of 75% of the Award amount as contained in Section 19 of MSMED Act be made by the appellant, for which three instalments were permitted by the learned Single Judge vide order dated 22.03.2017 in Application No.1511 of 2017 in O.P. Diary No.6821 of 2017, now stands extended/modified. The extended/modified time frame is that the aforesaid 75% of the pre-deposit Award amount shall now be made in three equal fortnightly instalments and the first instalment shall be within a fortnight from the date of receipt of a copy of this judgment. In all other aspects of the matter, the order of the learned Single Judge stands confirmed.

21. With the above observations and directions, the appeal is disposed of. Interim order already granted by this Court vide order dated 10.08.2017 shall continue to operate for a period of eight weeks from the date of receipt of a copy of this order. ..."

13. Challenging the order passed in O.S.A.No.96 of 2017, the Petitioner herein approached the Apex Court by filing S.L.P.(C) No.3931 of 2018, whereby, the Apex Court extended time for pre-deposit of 75% of the Award amount, as required by law, by further two months.

14. Learned counsel appearing for the respondent submitted that as the issue which is to be considered has already been decided by the Division Bench of this Court and the same having been upheld by the Apex Court, the petitioner cannot object the same. He further submitted that the procedure contemplated under the MSMED Act is only summary in nature and there is no need for numbering the Exhibits and this Court will have to only consider whether the documents referred to by the respondents have been gone into by the Council, before rendering a finding.

15. It is not in dispute that there are two Agreements entered into between the parties on 31.05.2013 and 12.06.2016, wherein, both the parties have agreed for an Arbitration under the Arbitration and Conciliation Act, 1996 and that the Petitioner can appoint an Arbitrator. When a dispute arose between the parties with regard to short supply of equipments, the respondent has invoked the MSMED Act and except for sending a reply that the parties will have to appear before the Arbitrator, the petitioner did not take any other plea. The only point taken by the learned counsel for the petitioner is that no other learned counsel was engaged by the petitioner to represent him in this case and that he is unaware as to who represented him on the earlier occasion. He also submitted that he had not lodged any complaint with the Bar Council about the misrepresentation of the counsel on his behalf.

16. It is seen that the order dated 22.03.2017 passed by this Court in Application No.1511 of 2017 in O.P.(D) No.6821 of 2017, holding that deposit of 75% of the Award amount is mandatory and that it cannot be waived, has been confirmed by the Division Bench of this Court in O.S.A.No.96 of 2017 and the same was also upheld by the Apex Court in S.L.P.(C) No.3931 of 2018.

17. In this connection, it is worth referring to a decision of the Apex Court in the case of Goodyear India Limited vs. Norton Intech Rubbers (P) Ltd. reported in 2012 (2) CTC 829, wherein, it is held that the Court cannot waive the statutory deposit and at the most, the Court can extend the time or direct the Petitioner to pay the amount in instalments.

18. It is further seen that in the orders referred to above, the learned Single Judge of this Court as well as the Division Bench of this Court, have considered the issue only with regard to Section 18 of the MSMED Act and nowhere, there is reference to Section 19 of the MSMED Act.

19. I am in entire agreement with the decision rendered by the Bombay High Court in the case of M/s.Steel Authority of India (cited supra), wherein, it is held that Micro & Small Enterprises Facilitation Council is not entitled to proceed under the provisions of Section 18(3) of the Act in view of independent Arbitration Agreement between the parties. The Council will have to ascertain as to whether the Agreement refers to the Arbitration clause and if that be so, the matter has to be referred to the Arbitration Centre. Even though it is a special enactment, Section 18 of the MSMED Act does not exclude Arbitration Proceedings.

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In the said decision, the Bombay High Court has further held that there is no question of an independent Arbitration Agreement ceasing to have any effect, because the overriding clause only overrides things inconsistent therewith and there is no inconsistency between an Arbitration conducted by the Council under Section 18 and Arbitration conducted under an individual clause, since both are governed by the provisions of the Arbitration Act, 1996. 20. In view of the above, as the issue on hand is concerned only with regard to exclusion of Arbitration clause and the same has been confirmed by the Division Bench of this Court and that has become final, I find that there are no merits in this Original Petition. The non-marking of Exhibits cannot be cited as a ground, as observed supra and it is only a summary procedure and this Court cannot expect the Arbitrator in the case on hand, i.e. the Council, to number the Exhibits. 21. In the result, the Original Petition is dismissed. No costs. It is open to the respondent to withdraw the amount deposited by the Petitioner, after the limitation period of Appeal is over.
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