AQUAFIL-WINTECH JV Vs. HITACHI INDIA PVT. LTD.

JUDGEMENT

(1.) M/s Guwahati Metropolitan Development Authority (hereinafter referred to as 'GAMADA') and JWIL-RAINHILL JV entered into an agreement on 13/3/2012 for Guwahati Water Supply Project (37 MLD-turnkey contract) including designs, supply and commissioning of intake facilities, transmission mains, water treatment plant and reservoir for north zone including 5 years operation and management.

(2.) In the year 2014, a request for proposal (hereinafter referred to as 'RFP') of aforesaid turn-key contract was issued by JWIL on back to back contract basis. In order to participate in aforesaid tender, a joint venture company under the name of "M/s Aquafil-Wintech JV Co." was formed by consortium Agreement dtd. 2/8/2014 entered into between M/s Aquafil Polymers Co. Pvt. Ltd and M/s Wintech Engineering Pvt. Ltd. Said company namely, M/s Aquafil-Wintech JV having an independent legal existence was awarded the subject contract agreement on back to back basis by JWIL on 8/8/2014.

(3.) In pursuance to the same, the petitioner awarded Letter of Award (hereinafter referred to as 'LOA') on 9/7/2015 in favour of respondent for supply of electro mechanical instrumentation and automation work for WTP and intake of Guwahati Water Supply Project under the contract package for a sum of Rs.38,47,00,000.00.