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



Vishwas Mulki & Another v/s M/s. Upakarma Infrastructure Private Limited Rep. by its Director Shilpa Rau


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

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

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

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

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

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

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

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

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

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

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

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

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

Company & Directors' Information:- G M P INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45400TG2009PTC066367

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Company & Directors' Information:- V K D S INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45400WB2013PTC197196

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Company & Directors' Information:- VISHWAS CORPORATION INDIA LIMITED [Strike Off] CIN = U45209TG2011PLC077720

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Company & Directors' Information:- U V F INFRASTRUCTURE LIMITED [Active] CIN = U45400WB2010PLC153786

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

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

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

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

Company & Directors' Information:- H. H. INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45201GJ2008PTC054481

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

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

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

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

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

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

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

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

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

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

Company & Directors' Information:- R P V S INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45203TG2011PTC072772

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Company & Directors' Information:- M N A INFRASTRUCTURE PRIVATE LIMITED [Converted to LLP] CIN = U45400TG2009PTC063947

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

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

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

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

Company & Directors' Information:- M W INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45201CH2008PTC031045

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

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

Company & Directors' Information:- G J INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45400DL2012PTC239594

Company & Directors' Information:- A TO Z INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45400DL2014PTC272671

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Company & Directors' Information:- T H D INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45200KL2012PTC032595

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

Company & Directors' Information:- SHILPA INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45209GJ1998PTC034655

Company & Directors' Information:- A L E M INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U29308GJ2020PTC118118

Company & Directors' Information:- D H INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45400MH2021PTC353332

Company & Directors' Information:- J B INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U64200GJ2021PTC121701

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

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

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

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

Company & Directors' Information:- VISHWAS AND COMPANY LIMITED [Dissolved] CIN = U99999MH1941PTC003402

    Arbitration Application No. 102 of 2017

    Decided On, 19 May 2020

    At, High Court of for the State of Telangana

    By, THE HONOURABLE MR. JUSTICE A. RAJASHEKER REDDY

    For the Applicants: G. Kalyan Chakravarthi, Advocate. For the Respondent: Sunil B. Ganu, Advocate.



Judgment Text


This Arbitration Application is filed under Section 11(c) of the Arbitration and Conciliation Act, 1996.

The case of the applicants is that they are self-employed persons and investors in the Respondent Company and the Respondent Company had approached the applicants for investing in their proposed Construction Project in respect of their house admeasuring 316.00 Sq. Yards bearing Municipal No.1-1-385/40, situated at Gandhinagar, Hyderabad, Telangana State. Accordingly, agreements were entered into between the applicants and the Respondent Company vide MOU dated 25.01.2012 and MOU dated 22.03.2013, as per which the applicants have invested an amount of Rs.1,00,00,000/- (Rupees one Crore) jointly as ‘Project Investor’ and Rs.10,00,000/- (Rupees ten lakhs only) by Applicant No.2 as ‘Investor’, respectively. It is also proposed to the applicants that the Second Floor comprising of 2,250 Sq. feet in the proposed properties as security for the investment of Rs.1.00 Crore soon after completion of construction of the Second Floor. However, even by the time of filing the present Arbitration Application, the construction has not started and the applicants made several demands to repay the amounts, but the respondent did not repay the said amounts to the applicants. Therefore, the applicants issued Notice dated 17.10.2015 for repayment of the amounts with assured interest indicating that, in default of repayment of the amounts, Arbitration proceedings will be initiated. Thereafter, a letter dated 17.12.2015 was issued to Sri Ranji Bhandari, since he was sole Arbitrator in terms of Clause No.1 in mutual responsibilities of the terms of MOU’s as the applicants and Respondent Company have agreed to refer all disputes, differences, claims etc. for arbitration to a sole Arbitrator i.e. Sri Ranji Bhandari. However, Sri Ranji Bhandari vide letter dated 24.12.2015 addressed to the applicants stated that due to old age and ill-health, he could not take up the arbitration and suggested for appointment of a fresh Arbitrator. However, as the respondent has not repaid the amounts, the applicants issued Notice dated 01.09.2016 invoking Arbitration clause and suggesting the names of three persons as Arbitrators. The same is replied by the respondent vide Reply Notice dated 02.11.2016 disputing the claim of the applicants on merits and refusing to appoint any Arbitrator. It is also stated that since the Respondent Company is indebted to various people in the market and their business is in financial losses and the respondents are on the verge of secreting away their assets in order to avoid litigations, the applicants filed C.O.P.No.166 of 2017 on the file of XXIV Additional Chief Judge, City Civil Court, Hyderabad, for interim measures of protecting their rights and monies and the said Court passed order on 23.06.2017 directing the Respondent Company to furnish security for the claimed sum within 72 hours, failing which the schedule property would be attached. Though the order of attachment was served on the Respondent Company, the Respondent Company has not taken any steps for furnishing security within 72 hours nor appeared before the Court. As such, the Bailiff of the said Court, as per the directions of the Warrant, proceeded for attachment after completion of 72 hours and attached the property as per the procedure. In view of the same, the applicants have no other go, except to file the present application under Section 11(c) of the Arbitration and Conciliation Act.

Counter affidavit is filed by the Respondent Company stating that the claim of the applicants is hopelessly barred by limitation, inasmuch as the applicants failed to take steps for appointment of an Arbitrator seeking resolution of various disputes within three years from 25.01.2012 i.e. the date of execution of the first MOU. It is also stated that the applicants cannot maintain a single proceeding in respect of two separate MOUs. That as per the MOUs, amount would be reimbursed only on completion of Project. Admittedly, the subject Project has not been completed and, as such, no cause of action or dispute has arisen as of now from the applicants to initiate the present application. The respondent states that the applicants have approached the respondent for investing in their proposed Construction Project, but the respondent never approached the applicants. The applicants had, in fact, undertaken to invest a total sum of Rs.30,00,000/- (Rupees thirty lakhs only), instead only a sum of Rs.10,00,000/- (Rupees ten lakhs only) was invested making it difficult for the respondent to continue the proposed Project. Applicant No.1 was also inducted as a Director of the Respondent Company and has been privy to and involved in delaying the Construction Project. Subsequent to the execution of MOUs, the applicants, after coming to know about the other Projects proposed to be taken by the respondent, had offered to invest their monies in the same and also offered to bring in other financial partners for the said Projects. Thus, in view of the said assurances, the respondent had undertaken two Projects at Coorg and Kochi, respectively. On such commitment, the Respondent Company had diverted all their manpower towards the said two proposed Projects. It is stated that the respondent has spent an amount of Rs.2,24,40,750/- towards development of the said Projects. Later the applicant had expressed their inability to invest and instead identified other investors. In spite of best efforts of the respondent, the subject Project could not be materialized due to the investors backing out at the last minute at the instance of the applicants and the applicants had offered further investment in a sum of Rs.30,00,000/- (Rupees thirty lakhs only) in the process of second MOU dated 22.03.2013, however, failed and invested only a sum of Rs.10,00,000/- (Rupees ten lakhs only) due to which the respondents were put to irreparable loss and injury. The Notice dated 17.10.2015 was issued to Ms. Shilpa Rau, one of the Directors of the Company, as such the same would not amount to a valid notice, as Ms. Shilpa Rau is not in the transaction in her personal capacity. That Notice dated 01.09.2016 was also issued to Ms. Shilpa Rau, as such the same is defective and the respondents never admitted their liabilities in the reply Notice dated 02.11.2016. No dispute has arisen between the parties, as such the question of nomination of Arbitrators would not arise, as the amount is to be paid after completion of the Project and since the Project has not been completed, no dispute has arisen between the parties, the cause of action would not arise.

Heard learned counsel for the applicants and learned counsel for the Respondent Company.

Learned counsel for the applicants submits that the MOU dated 25.01.2012 and MOU dated 22.03.2013 entered into between the applicants and the Respondent Company contain Arbitration Clause for resolving the disputes between the parties and as the disputes arise due to non-completion of the Project, the applicants have issued Notice dated 17.10.2015 for repayment of the amounts indicating that if the payments are not made, Arbitration Clause will be initiated. But, in spite of the same, the amounts due to the applicants were not paid by the Respondent Company, as such, Notice dated 01.09.2016 was issued to the Respondent Company invoking Arbitration Clause contained in the MOUs. However, the respondent replied to the same on 02.11.2016 denying the claim of the applicants on merits and stating that there is no arbitrable disputes. That the investment made by the applicants jointly vide MOU dated 25.01.2012 and the investment made by Applicant No.2 vide MOU dated 22.03.2013 are for development of one house belonging to the respondent i.e. for the very same Project, as such, a single application is maintainable. It is also contended that though two different MOU’s are entered, the parties are same and the purpose for which investment is made is also the same, as such, it is contended that a single application is maintainable. It is further contended that though Notice dated 17.10.2015 and Notice dated 01.09.2016 are issued to the Director of the Respondent Company and the said Director has replied to the said Notices, vide Reply Notice dated 02.11.2016 defending the Respondent Company, as such the contention of the Respondent Company that the Notice dated 17.10.2015 and Notice dated 01.09.2016 are defective cannot be accepted. The said Ms. Shilpa Rau had replied, admitting about execution of the MOU’s with the Respondent Company and replied other contentions. At the most, it is a technical plea, which cannot defeat the Arbitration Clause contained in the MOU’s. In support of his contentions, learned counsel for the applicants relied on a decision of the Apex Court in CHLORO CONTROLS INDIA (P) LIMITED vs. SEVERN TRENT WATER PURIFICATION INC. AND ORS. (2013) 1 SCC 641).

On the other hand, learned counsel for the Respondent Company, while reiterating the pleas raised in the counter affidavit, contended that a single Arbitration Application is not maintainable in respect of two 1 different MOU’s and also the Notice of Arbitration issued to one of the Directors of the Respondent Company is defective as the same is not issued to the Respondent Company. She also contends that there cannot be a composite reference in respect of two different MOUs. She further contends that the present Arbitration Application is barred by limitation and in support of her contention, she placed reliance on a decision of the Apex Court in DURO FELGUERA SA vs. GANGAVARAM PORT LIMITED (2017) 9 SCC 729).

In view of rival submissions and the contentions, the issues that arise for consideration are:

(1) Whether the MOU dated 25.01.2012 and MOU dated 22.03.2013 entered into between the parties contain Arbitration Clause and whether the same has been invoked?

(2) Arbitration Application is maintainable for appointment of an Arbitrator in respect of MOU dated 25.01.2012 and MOU dated 22.03.2013 entered into between the applicants and the Respondent Company?

(3) Whether the Notice dated 17.10.2015 issued to Ms. Shilpa Rau, one of the Director of the Respondent Company, is defective in nature in order to maintain this application?

ISSUE No.1 :

Admittedly, both the MOU’s contain identical arbitration clause and the same was invoked by the applicants vide Notice dated 01.09.2016 and the same was replied by the Respondent Company through its Director vide Reply Notice dated 02.11.2016, disputing the claim of the applicants only, but not the existence of Arbitration Clause. Since the Notice of Arbitration is dated 01.09.2016 i.e. after the Amendment Act, 2015 and introduction of Section 11(6-A) of the Act came into force, the only issue that needs to be considered in this application is, whether there is existence of Arbitration Agreement between the parties, nothing more and nothing less. (See (2017) 9 SCC 729 between DURO FELGUERA SA vs. GANGAVARAM PORT LIMITED – Para-59). In the present case, there is no dispute about the existence of Arbitration Clause. As such, the issue is answered in favour of the applicants, holding that there is Arbitration Agreement between the parties.

ISSUE No.2 :

The admitted facts are that the applicants entered into MOU dated 25.01.2012 with the Respondent Company for investing an amount of Rs.1.00 Crore for development of the house belonging to the Respondent Company and the applicants paid the said amount. It is also an admitted fact that Applicant No.2 entered into MOU dated 22.03.2013 with the Respondent Company for investing a further sum of Rs.30,00,000/- and an amount of Rs.10,00,000/- only was paid. In the first MOU dated 25.01.2012, it is categorically stated that the applicants have invested the amount for development of the said house of the MOU dated 25.01.2012 Respondent Company. In the second MOU dated 22.03.2013, the House number is not mentioned. However, in their Notice dated 17.10.2015 and Notice dated 01.09.2016 and also in this application, the assertion made by the applicants is that the said investment vide second MOU dated 22.03.2013 is for the very same purpose, and the same is not disputed by the Respondent Company. What all the respondent’s contention is that the amounts invested by the applicants will be repaid by the Respondent Company only after completion of the Project and since the Project has not been completed, no cause of action has arisen. The fact that both the MOU’s are for the development of the very same house belonging to the Respondent Company is not disputed. In view of the same, it can be construed that the first MOU dated 25.01.2012 for investment of Rs.1.00 Crore is for the development of the house belonging to the respondent and the second MOU dated 22.03.2013 for investment of Rs.30,00,000/- is for the development of the very same house. As such, the first MOU dated 25.01.2012 can be termed as a principal agreement and the second MOU dated 22.03.2013 can be termed as an ancillary agreement, as the same is in pursuance of the first MOU. The common defence taken by the respondent in respect of both the MOU’s for repayment of the amount is that the project could not be completed on account of fault of the applicants as they failed to pay the balance amount of Rs.20,00,000/- (Rupees twenty lakhs only) in pursuance of the second MOU dated 22.03.2013 and that the respondents have assured that they will get the investors for other projects undertaken by the Respondent Company at Coorg and Kochi, but failed to do so.

In view of the above facts and circumstances, this Court is of the considered opinion that both these MOU’s are intrinsically interlinked and the performance under these two MOU’s is common i.e. repayment of the amount with assured interest after completion of development of the house and both the MOU’s constitute a composite transaction i.e. investment of monies by the applicants in the Respondent Company for development of the house of the Respondent Company and repayment of the said amount to the applicants by the Respondent Company with assured rate of interest after completion of the Project. A composite transaction refers to a transaction, which is interlinked in nature, or where the performance of the agreements may not be feasible without the aid, execution and performance of the supplementary or ancillary agreements for achieving the common object and collectively having a bearing on the dispute.

In this case, the whole transaction between the parties is for investment of monies by the applicants for development of the house belonging to the Respondent Company and for that purpose, two MOU’s were entered into, one with Applicant Nos.1 and 2, and another with Applicant No.2 only, and the purpose in both the MOU’s is common. In view of the same, a single application is maintainable. It is to be seen that the judgment of the Apex Court relied upon by the learned counsel for the Respondent Company in GANGAVARAM PORT LIMITED’s case (supra 2) has no application to the facts of the present case, since in that case, the parties have split the work and contracts, the award of the contract was split into different parts for different works and different agreements were executed, some in respect of foreign companies and some in respect of subsidiary companies of the foreign companies. But, in the instant case, the respondent has not disputed that the investment is for common purpose for the very same Project and the nature of the work is not split into and no separate contracts are formed for different purposes.

The ratio laid down in CHLORO CONTROLS INDIA (P) LIMITED’s case (supra 1) relied upon by the learned counsel for the applicants and also AMITLAL CHAND SHAH AND OTHERS vs. RISHABH ENTERPRISES AND ANR. (2018) 15 SCC 67)supports the view taken by me, wherein the Apex Court held that in respect of all the agreements entered for execution of the work in respect of any single purpose or commission of a Project, a single Arbitration Application can be invoked and all parties can be covered by the Arbitr

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ation Clause in the agreement. The pleadings of the parties also go to show that the two agreements are interlinked and executed for investment of one Project and parties are same. Hence, the issue is answered in favour of the applicants. ISSUE No.3 : As far as the objection raised by the respondent in respect of issuance of Notice to one of the Directors of the Respondent Company, instead of issuing notice to the Respondent Company is concerned, Notice dated 17.10.2015 was issued to Ms. Shilpa Rau in the capacity of a Director of the Respondent Company and she also replied vide Reply Notice dated 02.11.2016 admitting execution of two MOU’s and disputed the claim of the applicants on merits, however, raising the same objection. In the counter affidavit also, the Respondent Company raised the same objection. The Reply Notice dated 02.11.2016 goes to show that it is issued by Ms. Shilpa Rau in the capacity of Director of the Respondent Company and it is nowhere disputed that she is not the Director of the Respondent Company. She has not denied the existence of Arbitration Clause. As such, it is only a technical plea raised by the Respondent Company to avoid their obligation under the MOU’s and this technical plea cannot defeat the right of the applicants for referring the disputes to the Arbitrator. In view of the same, this technical plea cannot be a ground for not maintaining this Arbitration Application. In view of the above facts and circumstances, the present Arbitration Application is liable to be allowed and it is accordingly allowed, nominating Sri Justice Neelam Sanjiva Reddy, Former High Court Judge, as an Arbitrator. As a sequel thereto, miscellaneous applications, if any, pending in this Arbitration Application, shall stand closed.
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