This GA 520 of 2017 in connection with C.S. 40 of 2010 filed on behalf of the defendant is for addition of parties, namely, Sricon having its office at Sricon House 25, Pragati Layout, Rajiv Nagar, Wardha Road, Nagpur, 440025 and HSCL-SIPL (JV) (hereinafter referred to as the said JV) having its principal place of business at 5/1 Commissariat Road, Hastings, Kolkata-700022. The case of the defendant in the present application, in short, is that:-

a. At all material times the petitioner was and still is engaged in the business of diverse construction activities across India. Petitioner is a Public Sector Undertaking of the Government of India and 100% of its share-holding is vested with the President of India. The petitioner is registered under Companies Act, 1956.

b. In furtherance of its business, the petitioner entered into a Memorandum of Understanding dated 14th September, 2004 in short, “the said MOU” with Sricon.

c. Pursuant to and in terms of an MOU between the petitioner and Sricon, the petitioner entered into a joint venture agreement for the purpose of participating in and/or submitting bids in respect of a tender quoted by the National Highways Authority of India