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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SOMASEKHAR SUNDARESAN
Rajasthan State Co-op Oil Seed Growers Federation Ltd. (Tilam Sangh) – Appellant
Versus
B.G. Shirke Construction Technology Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. context of arbitration appeals and related agreements. (Para 1 , 2 , 3 , 4 , 5) |
| 2. contentions from both parties regarding contractual obligations. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 3. analysis of jurisdiction and privity of contract. (Para 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23) |
| 4. implications of the court's findings and conclusions. (Para 24 , 25 , 26 , 27) |
| 5. final judgment on the appeals brought forth. (Para 28 , 29 , 30) |
JUDGMENT :
Context and Factual Background:
2. In a nutshell, the Appellant, Rajasthan State Co-op Oil Seed Growers Federation Ltd. (“Tilam Sangh”) was desirous of setting up silos for storage and process of mustard seeds in three different locations – a 100-tonnes per day facility at Merta City (Nagaur District); a 50-tonnes per day facility at Gangapur City (Sawaimadhopur District); and a 100-tonnes per day facility at Sri Ganganagar (Ganganagar District) – in the State of Rajasthan. Towards this end, Tilam Sangh engaged National Heavy Engineering Co-operative Ltd. (“NHEC”) as the Project Management Consultant (“PMC”), which in turn engaged Shirke Structurals Pvt. Ltd. (“Shirke”) to carry out the works involved in each of the afor
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