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2024 Supreme(Guj) 988

NIRAL R. MEHTA
Hitachi India Private Ltd – Appellant
Versus
Aquafil Wintech Jv – Respondent


Advocates Appeared:
For the Petitioner: Mr. Aditya A. Gupta, Mr. Mohit A. Gupta.
For the Respondent: Mr. Mitul Shelat, Adv. with Mr. Rutul P. Desai.

JUDGMENT :

1. By way of this petition under Articles 226 and 227 of the Constitution of India, the petitioner – original claimant has approached this Court against the order dated 1st March 2023 passed by the learned Arbitrator, whereby an application preferred by the petitioner for impleadment of Aquafil Polymers Company Limited as respondent No.2 and Wintech Engineers Private Limited as respondent No.3 being proper and necessary parties in the arbitral proceedings between the claimant and the respondent, came to be dismissed.

2. The facts, as per the petitioner, can be stated as under:

2.1 That Guwahati Metropolitan Development Authority (“GMDA”) and JWIL-Ranhill JV (“JWIL”) entered into an agreement for Guwahati Water Supply Project C-01 on Turnkey basis for procurement of Design, Supply, Installation and Commissioning of Intake Facilities, Transmission Mains, Water Treatment Plant and Reservoir for North Zone ( Contract Package No.C-01) including 5 years of operation and maintenance (hereinafter referred to “The Guwahati Water Supply Project”).

2.2 That thereafter JWIL (JITF Water Infrastructure Limited) one of the parties to the JWIl-Ranhill JV issued Request for proposal vide

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