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2019 Supreme(Del) 1727

RAJIV SHAKDHER
Salma Dam Joint Venture Through: SJV Projects Pvt. Ltd. – Appellant
Versus
Wapcos Limited – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Shreyas Jayasimha, Ms. Supriya Jain and Ms. Shweta Vaishisht, Advs.
For the Respondent: Mr. Arvind K. Nigam, Sr. Adv. with Mr. Milanka Choudhury, Mr. Vineet Dvivedi, Ms. Naina Dubey and Ms. Sakshi Singh, Ms. Geeta Luthra, Sr. Adv. with Mr. R.K. Sanghi, Mr. Satyendra Kumar, Mr. Ishan Sanghi and Mr. K. Prasanna, Advs.

JUDGMENT :

RAJIV SHAKDHER, J.

Prefatory facts:

1. This is a petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereafter referred to as “1996 Act”).

2. The petitioner before me is a joint venture entity going by the name: Salma Dam Joint Venture (hereafter referred to as “J.V. entity”). The J.V. entity comprises a company by the name of SSJV Projects Private Limited (in short “SSPL”) and another company by the name: M/s Angelique International Ltd. (in short “AIL”). The J.V. entity was formed pursuant to a Joint Venture Agreement dated 9.9.2005 (in short “JV Agreement”) executed between SSPL and AIL.

2.1 It may be relevant to note at the very outset that AIL communicated to the respondent, WAPCOS Limited (hereafter referred to as “WAPCOS”), vide letter dated 11.11.2016 that it had withdrawn the authority granted to SSPL under the JV Agreement to represent AIL. The reason that I have referred to this aspect at the very threshold is on account of the fact that WAPCOS has opposed the instant petition on two principal grounds; one of which relates to withdrawal of authority given to SSPL. As to what is the impact, if any, of the objections taken by WAPCOS will

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