Minu

--- IN THE HIGH COURT OF QELHI AT NEW DEL I.
(ORDINARY ORIGINAL CIVIL JURISDICTION)
O.M.P (I) (COMM) NO. 18 OF 2020
IN THE MATTER OF:
COSLIGHT INFRA PRIVATE LIMITED ...PETITIONER
VERSUS
MIS CONCEPT ENGINEERS & ORS. .. .
RESPONDENTS NOOH:
24-03-2020
INDEX
S.NO. PARTICULARS PAGE NO.
1. REPLY ON BEHALF OF RESPONDENT NOS. 1 TO i- 31

3- TO THE PETITION UNDER SECTION 9 OF THE
ARBITRATION AND CONCILIATION ACT, 1996
WITH SUPPORTING AFFIDAVITS
2. AFFIDAVIT OF MR. ZIAUL ISLAM, PARTNER OF

I
M/S CONCEPT ENGINEERS·uNDER ORDER 11 32.. - 35

RULE 6(3) OF THE COMMERCIAL COURTS ACT,
2015
3. LIST OF DOCUMENTS (WITH DOCUMENTS)
3b- 66
4. APPLICATION ON· BEHALF OF RESPONDENT
NOS. 1 TO 3 UNDER SECTION 151 C.P.C FOR
btf - 7(,
CONDONATION OF DELAY IN FILING REPLY

WITH SUPPORTING AFFIDAVITS
5. PROOF OF S°ERVICE
77
I 6 I V AKALATNAMA
I 7B
FILED THROUGH:
ACTUS LEGAL ASSOCIATES & ADVOCATES

1st Floor, M-161/1, GL House, Near Gulmohar Commercial Complex,
Gautam Nc;3gar, New Delhi-.110049
M: 9968954570,(0): 011-26520791
Email:[email protected]
NEW DELHI
DATED: lb• 01 ·2---0?-,u
IN THE HIGH COURT OF DELHI AT NEW DELHI
(OROIN)\RY ORIGINAL CIVIL JURISDICTION)
O.M:P (I)·(COMM) NO. 18 OF 2020
IN THE MATTER OF:
COSLIGHT INFRA PRIVATE LIMITEO ...PETITIONER
VERSUS
M/S CONCEPT ENGINEERS & ORS. ... RESPONDENTS
REPLY ON BEHALF OF RESPONDENT NOS. 1 TO 3 TO THE PETITION

UNDER S CTION 9 OF THE ARBITRATION ANO CONCILIATION ACT,
1996
MOST RESPECTFULLY SHOVVETH:
At the outset, the Respondent Nos. 1 to 3 herein most respectfully Sl)bmit that
the present petition under reply is not maintainable, either in facts or under law
and hence, liable to be dismissed at the threshold, inter alia, on the basis of
the following preliminary submissions and objections.
A. PRELIMINARY SUBMISSIONS AND OBJECTIONS:
1. The present petition filed under Section 9 of the Arbitration and
Conciliation Act, 1996 for interim measures, seeks to secure the c;1mount
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in dispute i.e. a sum of Rs. 5,77,44,000. This mount was paid by the
Petitioner to the ·Respondent No. 1 as mobilization advance and first
month charges in·· t rms of the Service Contract Agreement ("SCA")
dated 25-07-2019. The{ CA was entered between the parties with the
objective to outsource service operations of the Petitioner on a pan
India basis to the Respondent No.1.
2. The Respondent No. 1 is a partnership firm with two partn rs, namely,
Respondent Nos. 2 and.3 and has the necessary expertise to execute
services related to installation, commissioning and repairing of battery
in_sJallations.
3. Sometime in July, 2019 the Respondent No. 1 through its partners
approached the Respondent No. 4, Promoter Director of ·the Petitioner
and offered to outsource the service operations of the Petitioners to it
on a pan India basis on a fixed cost model which was accepted by the
Petitioner and accordingly, the SCA dated 25-07-2019 came to be
executed between the Petitioner and the Respondent No.1. A copy of
the Service Contract Agreement dated 25-07-2019 is enclosed ith the
List of Documents filed herewith as Document No.1.
4. In terms of the SCA, the Respondent No. 1 was required to provide the
following services to the Petitioner on a pan India basis:

(a) providing sufficient qualified Service Engineer to attend warranty
and non-warranty related and breakdown services at Petitioner's
customer sites··o( battery installations.
(b) one Service Engineer to be responsible to attend maximum 6-8
complaints per week depending upon geographical locations.
(c) taking proper follow up and attending of service calls on 24x7 basis.
(d) undertaking site visits for troubleshooting, repair, removal and
installation of spares, testing of installed Li-ion and VRLA battery
modules and Central Battery Management Systems.
5. Farther, the Respondent No. 1 was required to employ and deploy
experienced staff under the guidance of the Petitioner at various
designated places to serve the •Petitioner's designated sites and
manage the Petitioner's service network. The maximum number of
Service Engineers were not to exceed 120 at any given point in time.
6. In lieu of the services fo be provided by the Respondent No. 1, the

Petitioner agreed to .pay a consolidated sum of Rs. 72,00,000 plus
applicable taxes to the Respondent No. 1 every month: This
consideration was to include all expenses related to(a) salary and
wages of service staff including all other benefits like PF, ESI, annual
allowances, employee insurance and other statutory payments related
to payroll (b) telephone and communication expenses of service

personnel (c) travelling, local conveyance e-xpenses related to service
personnel.
7. In order to enable·the Re$pondent No. 1 to make the nece$Si:lry
arrangements .and mQbilise the staff and equipments·on signin of th
SCA, the Petitioner agreed to pay a mobilization advance equivalent to
6 month's charges plus all applicable taxes. This ·amount was
deductible @ 1.0% from every month running bill. Apart from this, the
charges for the first month was also payable upon signing of the SCA.
$. The Respondent No. 1 was to start the servic s from 01-09-2019. On
the other hand, the Petitioner was to ensure smooth handover of its
sites to the Respondent No. 1 before the designated d te and 6;Xtend
necessary cooperation and support to the Respondent No. 1 to enable
Respondent No.1 to an even start of the services. The Petitioner was
further required to handover its service manuals, SOPs to the staff of
the Respondent No. 1 and provide training to the personnel of the
Respondent No. 1 of its line of products.
9. It is pertinent to state that the SCA contained a lock in periQd of 12
months from the date of start of services i.e. 01-09-2019 and provided
that in case of earlier termination by the Petitioner, the .Petitioner shall
be liable to pay all the proportionate charges payable 1..mder the
agreement to the Respondent No. 1 for the balance period of lock in
period. It also contained a clause that in case of any dispute, the
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Petitioner shall .not withhold the payments due to the Respondent No. 1
given that a m jo'r part of the service cost is related to the Respondent
No. 1's staff salar}, travelling and employee welfare paymE?nts etc.
10. In furtherance of the SCA and as agreetj between the parties, the
Respondent No. 1 raised an invoice dated 01-08-2019 on the Petitioner
for the mobilization advance and also an invoice dated 02-08-2019 for
the fst running bill for the month of September 2019 payable in advance
1
with the mobilization advance. A copy each of the invoices dated 01-
08-2019 and 02-08-2019 are enclosed with the List of Documents filed
herewith as Document No. 2 and Document No. 3 respectively.
11. Accordingly, the Petitioner released an aggregate amount of Rs.
5,77,44,000 to the Respondent No. 1 on 02-08-2019 and 03-08-2019.
12. Pursuant to the receipt of this,amount, the Respondent No. 1
ha.ct set the wheels in motion and besides incurring huge expenses
and liabilities in establishing the required administration set up, issued
back to back work orders to third p_ rties on similar lines as the one
with the Petitioner for outsourcing a part of its service operations. In lieu
,t ereof, the Respondent No. 1 had given mobilization advance to third
parties out of the amounts received from the Petitioner. This was the
need of the hour as the Respondent No. 1 was required to garner the
requi$ite
.
manpower and resources within a sho rt duration in order to fully and
effectually perform its obiigations under the SCA with the Petitioner and
cater to the most demanding telecom industry whose towers are located
mainly in remote•' ar!=as. A copy of the Statement of Account showing
details w.r.t. utilizati_on of the mobilization adv rnce received from the
Petitioner is enclosed with the List of Documents filed herewith as
Document No. 4. A copy of the work order dated 17-08-2019 issued by
the Respondent No.1 to CTECH India Private Limited is enclosed with
the List of Documents filed herewith a$ Oocument No. 5..A copy of the
work order dated 24-08-2019 issued by the Respondent No. 1 to EMS
Manag_$.ment Services Private Limited is enclosed with the List of
Documents filed herewith as Document No. 6.
13. While this was so, the Petitioner all of a sudden sent an
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email
dated 30-08-2019 to the Respondent No. 1 terminating the SCA with
immediate effect on the alleged ground that (a) the Respondent No. 4
had entered into the SCA without any authority frqm the Board of
Directors of the Petitioner and the same is not binding. on the Petitioner
(b) the Respondent No. 4 acted against the interest of the Petitioner and
in breach of his fiduciary duties• towards the Petitioner by makin
remittance of a sum of Rs. 5,77,44,000 from the bank account of the
Petitioner to the account of the Respondent No. 1. A copy of the email
dated 30-08-2019 sent by the Petitioner to the Respondent No. 1
terminating the SCA is enclosed with the List of Documents filed
herewith as Document No. 7.

(i)
14.-Since the Petitioner had terminated the SCA at a belated stage when
the Respondent No. 1 had made all the necessary arrangements and
mobilized the···staff and equipments to roll out the services on a pan
India basis w.e.f 01-09-2019, the Respondent No. 2, therefore, by his
reply email d ted 02-09-2019 requested the Petitioner to discuss the
matter and share their requirements to start the operations. A copy of
the reply email c;fs;Ited 02-09-2019 sent by Respondent No. 2 to the
Petitioner is enclosed with the List of Documents filed herewith as
Document No. 8.
15. It is submitted that the Petitioner has very cleverly terminated the
SCA on 30-08-2019 just a day before the effective <;fate of start of
services . i.e. 01-09-2019 so as to avoid its liability towards the
Respondent No.1. Had the Petitioner terminated the SCA post 01-09-
2019 any time during the lock in period, it would have been liable to pay
the proportionate charges to the Respondent No. 1 for the balance lock
in period. Nonetheless, the termination cannot be done with immediate
effect and certainly not without the Petitioner compensating the
Respondent No. 1 for the wrongful termination of the SyA and
indemnifying the Respondent No. 1 against claims; damages, loss etc.
arising out of suit or legal proceedings that may be fil .d by the third
parties against the Respondent No. 1 for the non-fulfillment of its
counter obligations towards such t i'rd parties. The R spondent Nos 1
�1/
t
to 3 her by reserve their right to sue the Petition r fgr damages for the
wrongful termin tion of the SCA before the appropriate Court of law.
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16. Despite termination of the SCA, as the Respondent No. 1 was
required to fulfill its counter obligations under the work orders issued to
.
third parties, as also meet the establishment expenses on recurring
basis, the Respondent No. 1 continueo raising invoices on the Petitioner
for the months of October 2019 to Janl,Jary 2020. A copy c;1ch of the
invoices dated 10-10-2019, 05-11-2019, 05-12-2019 and 03-01-2020
are enclosed wjth the List of Documents filed herewith as Document
Nos. 9 to 12 respectively.
17. Notwithstanding.and without prejudice to the above, as
regard the purported reason given by the Petitioner to terminate the
SCA that the Respondent No. 4 had entered into the SCA without any
authority from the Board of Directors of the Petitioner and the same is
not binding on the Petitioner, it is submitted that the same is factually
incorrect. Before entering into the SCA, the Respondent No. 1 had
done all due diligence and checked the authority·of the Respondent No.
4 who was a Promoter Director of the Petitioner to enter into contract
on behalf of the Petitioner. The Petitioner has itself produced before
this Hon'ble Court the board resolution dated 20-05-2013 whereunder
the Respondent No.
4 had the general control, management and superintendence of the
busines.sof the P ower to appoint and dis iss
empl:
and to-enter into contracts, agreements and lease documents etc. on
behalf of the Petrtioner and to do and perform all other acts, deeds and
things, which in the, ordinary course of business, the said Respondent
No. 4 may consider ne·c ssary or proper in the interest of the Petitioner.
In the light of the above, it does not lie in the mouth of the Petitioner to
allege that the Respondent No. 4 did not have the authority from the
Board of Directors of the Petitioner to enter into the SCA with the
•
Respondent No. 1 and/ or that the same is not binding on the Petitioner.
18. As regard the allegation of the Petitioner that a sum of Rs.
5,I?,_44,000 was illegally transferred by the Respondent No. 4 from the
bank account of the Petitioner to the account of Respondent No.1 and
such an act is g inst the interest of the Petitioner, it is SlrJbmitted_that
the said allegation is wholly devoid of merit and is liable to be rejected
as such. The said amount was transferred in pursuanc to the SCA to
facilitate-the Respondent No. 1 to make arrangements and mobilise the
staff (around 120 field service Engineers) and equipment on a pan
India basis, so as to be able to perform, its obligations and start the
services
w.e.f. 01-09-2019.The SCA was-entered for a lawful purpose to
outsource the service operation of the Petitioner to the Respondent No.
1 and the amounts paid to the Respondent No. 1 w--ere as per the
agreed terms. It is most unfair on the part of the Petitioner to make such
allegations which are false even to its own knowledge.

19. • The Petitioner h?s further· falsely alleged that the SCA, if
implemented, wou.ld hav. e denuded the Petitioner ·of its operations
and forced the Petitione_r to terminate it$ existing employee.s.
The said
allegation of the Petitioner is misconceived and shows its complete lack
of understanding. Rather, th SCA was a mutually beneficial agre ment
and was entered by the Respondent No. 4 on behalf o-fthe Petitioner
with th . Respondent No. 1 to save the Petitioner from the increasing
cost of service operations on a daily basis. There was considerat;>I high
risk arid·liabilit on the. Petitioner in their existing service business
module. The objective of the SCA.was to outsource only the 'on-ground
$ervice work' to the Respondent No. 1 so that the Petitioner could focus
on other business activities, more specifically detailed by Respondent
No. 4 in his email date'd 12-08-2019 to Mr. Arup Chattaraj and Mr.
Sanjay Budhiraja, employees of the Petitioner.
20. Thus, it can be seen that the present petition is filed on non-
existent and invalid grounds and also suffers from seri0LJS delays and
Iaches as the alleged. amount in dispute was released to the
Respondent No.1 on 02-08-2019 and 03-08-2019 and the Petition·er has
approached this• Hon'ble Court by waY. of the prese·nt petition under

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Section 9 belatedly in the month of January, 2020. All this ex-facie
shows the hollowness in the claims of the Petitioner and proves beyond
any manner of doubt that there is no urgency in the matter. As such, the
Petitioner is not entitled to the discretionary·relief of injunction nd the
present petition d·eserves to be dismissed in limine.
21. At this juncture, it is relevant to point out that though the
Petitioner has .deducted Rs. 10,08,000 as TDS frqm the sums paid to
the Respondent No. 1 but has. failed to deposit the same with the
Income Tax Authorities s the said amount is not reflecting in the 26AS
of the .Respondent No. 1. The Respondent No. 2 as partner of the
Respondent No. 1 sent an email dated 28-11-2019 to Mr. Zhou Qing,
Director of the Petitioner to take note of it and deposit the TDS but to no
avail. The Respondent No. 1 is thus prevented from availing credit for
the TDS deducted in its bills. A copy of the email dated 28-11-2019
sent by Respondent No. 2 to the Petitioner is enclosed with the List of
Documents filed herewith as Document No. 13.
22. Without prejudice to what has been stated aboye, the parawise
reply on merits is as under:
B. PARAWISE REPLY ON MERITS
At the outset, the Respondent Nos. 1 to 3 deny and dispute each and
every averment/ contention/ allegation made by the Petitioner against the

I
Respondent Nos. 1. to 3 in the present petition under-reply which is
inconsistent with or contrary to the preliminary submissions and objections
taken hereinabove, save and except those that are specifically admitted.
Nothing stated therein shall be deemed to be admitted for want of specific
denial unless said tcfbe admitted.
1. Contents of paras fto 4 are a matter of record.
2. Contents of para 5 as stated are not correct and hence, denied. It is
denied that the Service Contract Agr.eement dated 25-07-2019 was
executed by the Re pondent No. 4 without any authority from the Board
of Directors of the.Petitioner ·or that a sum of Rs. 5,77,44,000 w s
illegally t an.sferred from the .bank account of the Petitic;:mer in favour
of the Respondent No. 1 as alleged.
3. Contents of paras 6 to 8 are a matter of record. It is, however, denied
that the Respondent No. 2 is a close aid of the Respon.dent No. 4 or
that Respondent No: 4 is indirectly controlling the affairs of the
Respondent No. 1 as alleged.
4. Contents of paras 9 to 14 do not concern the answering Respondent
Nos. 1 to 3 and hence, need no reply.
5. Contents of paras 15 and 16 are wrong and vehemently denied. It is
denied that Res ondenf No. 4 conspired with the Respondent Nos. 2
and 3 or that by entering into SCA dated 25-07-2019 with the
Respondent No. 1, the Respondent No. 4 outsourced the entire
business operations of the Petitioner to the Respondent No.1 on a pan

India basis or that the.same was done wHho.ut any authority of the
Board of the Petitioner/ approval of the management as alleged. It is
denied that the field._service staff of the Petitioner was outsourced to the
Respondent No. 1 or·.t.hat a sum of Rs. 5,77,44,000 was illegally

transferred by Respondent No. 4 from the bank account of the
Petitioner to the Respondent No.1 as alleged. It is further denied that
the Petitioner was completely stripped of its operations or that any loss
was caused to the Petitioner as alleged or at all. In this regard, the
answerir,g Respondent Nos. 1 to 3 crave leave of this Hon'ble Court to
refer to and rely upon the preliminary submissions and objections made
h Jeinabove as the same are not repeated here or the sake of brevity.
6. Contents of para 17 do not concern the answering Respondent Nos. 1
to 3 and hence, need no .reply.
7. Contents of paras 18 and 19 do not concern the answeri.ng Responoent
Nos 1 to 3 and hence, need no reply. It is, however, necessary to point
out that the Respondent No. 4 in its email dated 12-08-2019 to Mr. Arup
Chattraj and Mr. Sanjay BudhTraja. employees of the Petitioner hatj not
said that 120 field service staff of the

I
Petitioner 'have been' ••outsourced
' ••
•
to Concept Engineers as would be evident on a plain reading of the said
email its lf. lnfact, this was never the intention and it runs contrary to
the SCA dated 25-07-2019. The SCA was entered for the purpose that
120 field service staff would be outsourced by the Petition r from the
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Respondent No.1 on a fixed cost model. The·Petitioner, to s;;:iy the least,
is trying to misre·present facts before this H0n'ble Court.
8. Contents of paras 20·and 21 do not concern the answ rin Respondent
Nos. 1 to 3 and hence, need no reply.
9. Contents of para 22 in so far it.pert ins to the fact that an aggregc;1te
sum of Rs. 5,77.,44,000 was debited on 02-08-2019 and 03-08..2019
from the Petitioner's ba.. nk account and credited to the ac. count of
Respondent No: 1 is·not denied being a matter of record. Rest of the
contents are denied for want of knowledge.
10.Contents •of paras 23 to ?7 do not concern the answering
Respondent Nos. 1 to 3 and hence, need no reply.
11. Contents of para·28 are wrong and vehemently denied. It
is denied that the SCA was lopsided or in favour of the Respondent No.
1 or that it provided for unusual terms such as mobilization advance,
lock in period and the Respondent No. 1's ability to assign and transfer the
agreement to a third party as alleged. It is further denied that the SCA, if
implemented, would have denuded the Petitioner of its operations and
forced the Petitioner to terminate its existing employees as alleged or at
all. Rather, it is submitted that the SCA was a mutually beneficial
agreement and was entered by the Respondent No. 4 on behalf of the
Petitioner with the Respondent No. 1 to save the Petitioner from the
increasing cost of service operations on 'Q daily b sis. There wa$
considerable high risk and liability on the Petitioner in their existing
service business 'n19dl.JI . T.h obj tiv.e o_f th.e S A _w,a to ou squrce
only the 'on-ground service work' to the Respondent No. 1 so that the
• • • • • • •• •• • 'I" \ '' ,,:;
Petitioner cguld
; .
focus
,
on other business
... ,, ,:..,,c '"' c
activities,
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more spec;:ifiGally
1••
detailed by Respondent No. 4 in his email dated 12-08-2019 to rv,r. Arup

Chattaraj and Mr. Sanjay Budhiraja, employees of the Petitioner. As
regard the clauses w.r.t. mobilization advance, lock in period .and the
R sponc:ieilt No.1's ability to assign and transfer the agreement, these
are standard clauses which are found in any such big Service Contrqct
Agreement across the industry. It may be app eciated that un9e,r the
$CA, the Respondent• No. 1 was required to make necessary
arrangements and mobilise the staff and equipments on a pan India

basis to be able to perform its obligations thereunder. To be precise, th
Respondent No.1 was required to employ and deploy around 120
experienced staff at various designated places to serve the Petitioner's
designated sites and manage their·service network. It was, therefore,
essential that the Petitioner pays the 11:obilization advance so that the
·,
needful could be done before the effective date of start of services i.e.
01-09-2019. The mobilization advance was deductible @10% from
every month runni_ng bill. It was also essential that the sc·A has a lock in
period of 12 months so that the time, effort and investment put in by the
parties could bear the desired results.

12.Contents of para 29 are wrong and vehemently denied. Though it is
correct that Resp ndent No. 2, partner.of the Respondent No. 1 was
an ex-employee of Co&light India Telecom Privc;3te Limited. But it is
denied that Respondent No. 2 is a close aid of the Respondent No. 4 or
that Respondent" No. 4 has conspired with Respondent Nos. 2 and 3 to
$trip the Petitioner of its operations or illegally siphon.of money from the
Petitioner's bank account as alleged. It is denied that any loss is caused
to the P_etitioner by the acts of Respondent Nos. 1 to 3 as alleged or at
all. It is submitted that the Respondent No. 1 entered into the SCA with
th Petitioner independently onrm's length basis and there was no
exerci$e of any undue influence or coercion by the Res·pondent No. 4
onto the Respondent No. 1 or any of its partners, viz. Responc;ient Nos.
2 and 3.
·•
13.Contents of para 30 do not concern the answering Respondent Nos.
1 to 3 and hence, need no reply. It is, however, necessary to point out
that there was no .illegal transfer of money from the Petitioner's bank
account to the Respondent No. 1. The money was trc;3nsferred in
pursuance to th·e SCA to facilit t the Respondent No. 1 to make
arrangements and mobilise t e, staff (around 120.. field service
Engineers) and· equipment on a pan India basis, so c;3s to be able to
perform its obligations and start the services w.e.f. 01-09-2019.

I
1 to 3 and b_ nce, need no reply. It is, however, necessary to point
out that the Responde. No. 4 in his email

. :;; 12-08 . 2. 019 to th.e.
dated
.111t..
.
employees of the Petitioner had never said that 120 field service st ff of
. •• •-ji • y . ., = { ;. J ' 0 ,. .. , . . • • •
the Pet!tioner ,'h ve.. een' o_uts_o.ur ed t,o t_he R_ spo ,d nto. . 1.. w.e.f.
01-09-2019as would be·evident on a plain reading of the said email
it$elf. lnfact, it was the Qther way around. 120 fi ld service staff were to
be outsourced from· the Respondent No. 1 to the Petitioner. The
Petitioner, to say the least, has completely misunderstood the email

I
dated 12-08-2019 of the Respondent No. 4 as also th $CA entered
between the parties.
1 to 3 and hence, need no reply. It is, however, necessary to point

. '
out that the Respondent No. 4 in his email dated ,14...08-2019 to the
employees of the Petitioner copied Respondent No. 2, partner of the
Respondent No. 1 for the simple reason to introduce the Respondent
No. 2 as the Service Provider'with whom the Petitioner has entered into
the SCA and with whomithe employees of the Petitioner need to" get in
touch for implementing the process w.e.f. 01-09-2019.
16.Contents of paras 33 to 35 do not concern· the answering
Respondent Nos. 1 to 3 and hence, need no reply.

17.Cqntents of para 36· are wrong and vehemently denied. It is
denied that the·SCA is detrimental to the operations and existence of
the Petitioner or if-.i is implemented, it would strip the Petitioner of its
operations and force the Petitioner to terminate 120 of its existing
employees as alleged. It is denied that Respondent No. 4 connived
with the Respondent Nos. 1 to 3 as alleged or at all.
18.In reply to the contents of para$ 37, it is submitted that though it is
correct that.the Petitioner on 30.-08-2019 sent an email to Respondent

t
Nos. 2° and 3 termi•nating the SCA with immediate effect, but the SCA
was of such a nature that it could·not have been terminated with
immediate effect. It is also inconsequential to aver that the SCA was
terminated prior to the effective date of start of services i.e. 01-09-2019.
It is submitted that the SCA was dated 25-07-2019 and the effective
date bf start of services was intentionally kept as 01-09;2019 i.e. after a
month from the date of executing the SCA so that the Respondent No.1
hasreasonable time at its.disposal to make the necessary
arrangements and mobilise the staff and equipments and in addition,
establish the required administration set up to roll out the service
operations .on pan India basis. Pursuant to the execution of SCA on
25-07-2019 and receipt of the mobilization advance on 02-08-2019 and
0.3-08-2019; the Respondent No. 1 had set the wheels in motion and
besides incurring huge expenses and liabilities in establishing the
required administration
set up, issued back to back work orders to third pariies on similar line #
• 1/
@
as the one with the Petitioner for outsourcing a part of its service
operations. In li_eti thereof, the Respondent No. 1 had given mobilization
advance to third paqies out of the amounts received from the Petitioner.
This was the need of th .hour as the Respondent No. 1 was required to
garner the requisite manpower and resources within a short duration in
order to fully and effectually perform·its obligations under the SCA with
the Petitioner and cater to the most demanding telecom industry whose
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towers are located mainly in _re.mote areas. The Petitioner has very
cleverly.·termim te the SCA on 30-08-2019 just a day before the
effective date of start of services i.e. 01-09-2019 sq as to avoid its
liaqility towards the Respondent No.1. Had the Petitioner terminc;1ted the
SCA post 01-09-2019 any time during the lock in period,' it would have
been liable to pay the proportionate charges to the Respondent No. 1
for the balance lock in p riod. Nonetheless, the termination cannot be
done with immediate effect and certainly not without ·the Petitioner
compensating the Respondent No. 1 for the wrongful termination of the
SCA and indemnifying the Respondent No. 1 against claims, damages,
loss etc. arising out of suit or legal proceedings that may be filed by the
third parties against the Respondent.No. 1 for the non-fulfillment of its
counter obligations towards such third parties. The Respondent Nos 1
to 3 hereby reserve their right to sue the Petitioner for damages for the
wrongful termination of the SCA before the appropriate Court of law.

19.Contents of para 38 are wrong and denied. It is denied that the SCA
was executed by the Respondent No. 4 beyond his powers and
without the approv I of the Board of Directors of the Petitioner or that
the SCA was in reality an MoU and was to be effective only from 01-09-
2019 as alleged. It is denied that on determination of the MoU, the
agreement never came in to being or that a sum of Rs. 5,77,44,000 was
liable to be refunded by the Respondent No. 1 as alleged.
20. In reply to the co"ntents of para 39, though it is correct that the
Respondent No. 2 sent a reply email dated 02-09-2019 ir:, response to
the email dated 30-08-2019 of the Petitioner, but it is denied that the
Respondent No. 2 raised any false and frivolous plea or that the reply
email was written at the behest of the Respondent No. 4 as alleged.
The Petitioner vide email dated 30-08-2019 had terminated the SCA at
a belated stage when the Respondent No. 1 had mad all the
necessary arrangements and mobilized. the staff and equipments to roll
out the services on a pan India basis w.e.f 01-09-2019. The
Respondent No. 2, therefore, by his reply email dated 02-09-2019
requested the Petitioner to discuss the matter and shar,e their
requirements to start the operations.
21.Contents of paras 40 and 41' are a matter of record. It is
submitted that ther.e was no question of returning the sum of Rs.
• 5,77,44,000 to _the PetiHoner as upon receipt of the sai_dmobilizatio n . ..::.
. . , _£ . . • -'-"'
•
advance_, the Respondent No. 1 had incL;Jrred huge expenses and
liabilities in estabtishing the required administration set up and mobilise
the staff and equipQ7ents to roll out the services on a pan India basis
w.e.f 01-09-2019. On the contrary, the Petitioner is liable to compensate
the Respondent No.1 for the wrongful termination of the SCA.
22. In reply to the contents of para 42, it is not' denied that the SCA
dated 25-07-2019 contains Clause 16 which provides for resolution of
disputes th ough arbitration .. While his is so, it is submitted that the
Petitioner cannot approbate and repro,bate at the same time. On one
hand, the Petitioner has filed the present petition under Section 9 of the
Arbitration and Conciliation Act, 1996 seeking in.terim measures and on
the other, the Petitioner is disputing the validity of the ?greement and
that of the arbitration agreement and further reserving its right to agitate
the same before the arbitral tribunal. This is completely absurd and
impermissible in law.
23.Contents of para 43 are wrong and vehemently denied. The
Petitioner has, in the para ··under reply, made wild, baseless and
unsubstantiated allegations against the answering Respondent Nos. 1
to 3 without any semblance of truth. It is denied that the Respondent
No. 1 is diverting the funds into benami shell firms and companies
owned and controlled by the Respondent Nos. 2 to 4 or that the
Respondent No. 1 through Respondent Nos. 2, 3 and 4 has siphoned

.• /40
- ,ft'-1/
@
off and _transferred the amounts received from the Petitioner to CTECH
India Private um·ited as alleged. The tatement made by the Petitioner
that Responden·t Np. 4 was a director of CTECH India Private
l,..imited from 13-02-2017 to 02-0_8-2019 and has a controlling interest
in the said
company is denied for want of knowledge. It is submitted that the work
order issued to CTECH 'India Private Limited was on arm's length basi$.
'
and not because of any influence of or pressure from the Respondent
No. 4. It is further submitte(j that the Respondent·Nos. 1 to 3 have
utilized _the·amount received from the Petitioner only for the purpose
set forth in the SCA and to perform its obligations thereunder. A
detailed
. $.tQtenient of Account showing how the amo1,mt so received, has be n
utilized is filed along with this reply and the same may be P.erused in
this regard.
24. Contents of para 44 as stated are not correct and hence, 9enied.
The Petitioner by alleging that Respondent No. 4 had acted beyond his
authority and in breach of his fiduciary duties by entering into the SCA
dated 25-07-2019 and has ·caused loss of Rs. 5,77,44,000 to the
Petitioner is indirectly pointing fingers onto the answering Respondent
Nos. 1 to 3. The said allegation is wholly devoid of merit and as such,
denied.
25. • In reply to the contents of paras 45 and 46, it is Sl,Jbmitted that the
amount received-J om the Petitioner wc;1s mobilization advance no h s
since been utilized by the Respondent No. 1 to make the arrangements
and mobilise th·e staff (around 120 field service staff) and equipments so
as to be able to perform its obligations under the SCA and roll out the
services on a pan India basis from 01-09-2019. Further, contrary to the
claim of the Petitionec it is the Respondent No.1 who·has to recover
damages from the Petitioner owing to the wrongful termination of the
SCA because -of which. the Respondent No. 1 ar.ic;f its partners viz.
Respondent Nos. 2 and 3 have suffered immensely, both in pecuniary

I .
and non-pecuniary terms and are continuing to suffer till date.
Therefore, unless this dispute is settled through a proper trial, affording
an opportunity of hearing to both parties and the equities are balanced,
in the respectful submission of the answering Respondents, no interim
measure/ order securing the amount in dispute in the arbitration should
be passed in favour of the Petitioner.
26. Contents of paras 47 1o 49 are wrong and denied. The three
ingredients i.e. prima facie case, balance of convenience and
irreparable loss which are essential to seek the relief of interim measure
are clearly absent in the present case. Except for making a bald
averment, the Petitioner has failed to show how·the actions of the
answering Respondent Nos. 1 to 3 are in breach of the terms of SCA or
.. ..
1/ ·
militates against equity, fc;1ir play and nat1y1ral justice. The Petitioner has
further been not- able to show how it would l:;le prej diced in th ca$e
the relief of interim m·e-,tsure is not granted by this Hon'ble Court. The
very fact that the Petitioner·approached this Hon'ble Court late in the
month of January, 2020 despite the amount of Rs. 5,77,44,000 was
debited from their account . on 02-08-2019 and 03-08-2019 shows the
hollowness of the Petitioner claims rnd proves beyond doubt that there
is no ur ency as they have slept over the matter.
27. Contents of para 50 relate to the power of this Hon'ble Court

J
under Sections 9(ii)(c) and (d) of the Arbitration and Conciliation Act,
1996 to preserve and detain the subject matter of di$pute in c;3rpitration
and also order for injunction which is not denied. It i$, however,
submitted that this is not a fit case where this Hon'ble Court should
exerc,ise its discretionary power and grant the reliefs as prayed by the
Petitioner.
• 28. Contents of para•51 relate to the territorial jurisdiction of this
Hon'ble Court to try and entertain the present petition which is not
denied.
29.Contents of paras 52 to 55 are formal in nature a□d hence, need no
reply from the answering Respondent Nos. 1 to 3.

30.The last para (unnumbered) is the pr,wer clause which is denieQ as
wrong and misconceived. The Petitioner is not entitled to any relief,
whatsoever, and th pr sent petition is liable to be dismissed with costs
qua the answering Respondent Nos. 1 to 3.
It is, therefore, most respectfully prayed that t is Hon'ble Court may
be pleased to dismiss the•present petition with costs qua the answering
Respondent Nos. 1 to 3.
For CONCEPT ENGINE!;RS . ,...,.. . .,.
(For and on behalf of RESPONOENT NO. 1)

Partner
y ,-NO. 3
.• - -
RESPQNDENT
FILED THROUGH:
ACTUS LEGALASSOCIATES & ADVOCATES•

Gautam Nagar, New Delhi-110049·
1
M: 99689 54570,(0): 011-26520791
NEW DELHI
DATED:) 6-cr1, 7---o
I
IN THE H GH COURT OF pELHI AT NEW DELHI

·,
O.M.P (l),_(COMM) NO. 18 OF 2020
IN THE MATTER OF:
VERSUS
M/S CONCEPT ENGINEERS & ORS. ...RESPONDENTS
STATEMENT OF TRUTH
(Under First Schedule, Order VI-Rule 15A and Order XI-Rule 3)
Statement of Truth of Mr. Ziaul Islam, son of Late Mr. Fakhrul Islam, aged
about 57 years, partner of M/s Concept Engineers having office at 301-305,
Jyoti Bhawan, Mukherji Nagar Commerci,al Complex, Delhi-110009, India.
I, the eponent, named above, do hereby solemnly affirm and declare on oath
as under:
1. That I am the Respondent No. 2 and partner of the Respondent No. 1
and as such, I am competent to swear this affidavit.
2. That I am well conversant with the facts and circumstances of the case
and have also examined all relevant documents and records in relation
thereto.
3. That· I., ave read and understood the conte11t of the accompanyin
• reply which is drafted under my instructions. I say that the facts
stated therein are true an correct to the best of my knowledge and
belief based on the information derived from the records of the
Respondent
No. 1 whilst the legal submissions made are believed to be true and
correct on the basis of legal advice received.
. : .
4. That there is no false statement or concealment of any material fact,

--
document or record and•1 have included information that is according to
me, rel vant for the present matter.
5. That all the do"cuments in my power, possession, control or custody
pertaining to the present matter have been disclosec;i and copies thereof
I
enclosed with the List of Documents filed along with the ac.companying
reply and that I do not have any other document in my power,
possession, control or cu,stody.
6. That the accompanying reply comprises of a total of 25,pages, eQch of
which have been signed by me.
7. That the documents filed: hereto along with the accompanying reply are
true copies of the documents referred to and relied upon by me.
8. That I am aware that for 'any false statement or concealment, I shall be
liable for action taken against me under the law.

VERIFICATION:
,,,<t'
I, the deponent, nanied above, do hereby verify that the statements
made above are tru arid correct to my knowledge, no part of it is false,
and nothing m9terial is conceale.d therefrom.
Verified at Delhi on this_ day of March, 2020.
I •
IN THE ldlGH COURT OF DELHI AT NEW DELHI
(ORDIN'A Y ORIGINAL CIVIL JURISDICTION)
O.M.P (I) (COMM) NO. 18 OF 2020
IN THE MATTER OF:
VERSUS
M/S CONCEPT ENGINEERS & ORS. ...RESPONDENTS
STATEMENT OF TRUTH
(Onder First Schedule, Order VI-Rule 15A and Order XI-Rule 3)
Statement of Truth of Mr. Raj Kumar Arora, son of Mr. Amar'Nath Arora, aged
about 49 years, partner of Mis Concept Engineers having office at 301-305,
Jyoti Bhawan, Mukherji Nagar Commercial Complex, Delhi-110009, India.
I, the deponent, named above, do hereby solemnly affirm and declare on oath
as under:
2. That I am well conversant with the facts and circumstances of the case
and have·also examined all relevant documents and records in relation
thereto.
3. That I have read and understood the contents of the accompanying
reply which is dt fted unde,r my instructions. I say that the facts stated
'
.
therein are true an,d correct to the best of my knowledge and b lief
based on the informatio_n derived from the records of the Respondent
No. 1 whilst the legal submissions made are believed to be true and
correct on the basis of legal advice received.
4. That there is no false statement 'or concealment of any material fact,
document or record and:I have included information that is according to
me, relE:vcint for the pres_ent matter..
5. That all the do'cuments: in my power, possession, control or custody
perJ ining to the present matter have been disclosed and copies.thereof
enclosed with the List of Documents filed along with the accompanying
reply and that I do not have any other document in my power,
possession, control or custody.
6. That the accompanying reply comprises of a total of 25, ages, each of
which have been signed by me.
7. That the documents filed hereto along with the accompanyin reply are
true copies of t e documents referred to and relied upon me.
8. That I am aware that for any false statement or concealment, I shall be
liable for action taken against me under the law.
'
DEPONENT
Vl=RI-FJCATION:
I, th deponen( named above, do hereby verify that the tatements
made above are true and correct to my knowl dge, no part of it is false .
and nothing material is concealed therefrom.
Verified at Delhi on this_._ day of March, 2020.
- ....
DEPONl;NT
I
IN THE HIGH COURT OF DELHI AT NEW DELHI
G9
(OROINA·R:: ORIGINAL CIVIL JURISDICTION)
O.M.P (!);(COMM) NO. 18 OF 2020
IN THE MATTER OF:
COSLIGHT INFRA PRIVATE LIMITEO ...PETITIONER
VERSUS
MIS CONCEPT ENGINEERS &.ORS. ...RESPOND!=NTS
AFFIDAVIT OF MR. ZIAUL IS!LAM, SON OF LATE MR. FAKHRUL ISLAM,

AGt:D ASOUT 57 YEARS, F?ARTNER OF M/S CONCEPT ENGINEERS,
HAVING OFFICE AT 301-305, JYOTI BHAWAN, MUKHERJI NAGAR
COMMERCIAL COMPLEX, OELHl-110009, INDIA UNDER ORDER 11
RULE 6(3) OF THE COMMERCIAL COURTS ACT, 2015
I, the deponent, nameq apove, do hereby solemnly affirm and 'declare on oath
as under:
and as such, I am competent to swear_this affidavit.
2. That I am sufficiently conversant with the facts of ·the case and have
also examined all relevant documents and records in relation thereto.
3. That for the purpose of the accompanying reply, I forwarded the
electronic records as mentioned below to the· counsel for the
Respondent Nos. 1 to 3. Further, the counsel for the Respondent Nos. 1

to 3 c essed the same from the comput r described below which i$
regularly used.by the counsel for the R spon9ent Nos. 1 to 3 in the
ordinary course ah thereafter, printed the relevant information using.a
printer regularly used by the counsel for the Respondent Nos. 1 to 3 in
th ordinary course. Th electronic records are c;1s follows:

.. ..
S.NO. oocu·MENT ··soURCE DA.TE OF.-TIME
(E ECTRONIC • ! PRINT OF
··-
.RECORD) PRINT
...
1. Email dated 30· Printout taken from 11-0$-2020 18.00
08-2019 cor:[email protected] hrs

..
2. - . n,ail dated 02- ••Prinfout taken 11-03 202◊•- • 1°8.01
09-2019 contai:;[email protected] hrs
3. Email dated 28- • Printout taken from 11-03-2020 1·a.02
11-2019 [email protected] hrs

'·•
The relevant printouts as accessed and printed by the counsel for
Respondent Nos. 1 to 3 are enclosed with the List of Documents filed
herewith.
4. That all documents in . my power, possession, control or custody
pertaining to the present matter have been disclosed and copies thereof
enclosed with the List of ;Documents filed along with the accompanying
reply and that I do not have any other document I

in my power,
possession, control or custody.

5. That tb_e coun_se_l for R spondent os. 1 to 3 ha accessed the
information from' the desktop bearing model no. DESKTOP-D 5J1V6
which is regularly qsed by him in the ordinary course and hav taken
printout·using a printer ,_bearing mode-l no. L6P6030w/6018w which is
regularly used by him in the ordinary course.
6. That I am advised to state th t the conditions of Section 658 of the
Indian Evidence Act, _1872 are complied with in respect of this
c;iocument.
7. That in particular, I confirm:
(a) The said computer system and the printer re regularly used to
_produce computer outputs like. emails and store other el ctronic
records. The relevant information from the electronic records as
mentioned above was accessed by the counsel for Respondent Nos.
1 to 3 and he has a lawful control over the said computer system and
the printer.
(b) The electronic records mentioned above were printed from the
I
computer system as a part of the ordinary course of activities of the
counsel. for Respondent No·s. 1 to 3.

.
·,_
(c) The computer system and the printer as used by him has been
operating properly and the electronic records and their accuracy and
..
contents have not been altered and/ or tampered with in any
manner, whatsoever.
(d) The.information contained in the computer output$ is an exact
replica and has oeen produced from the original electronic record
and therefore·,reproduces the information contained in the
electronic records therein.
VERIFICATION:
Verified_at Delhi on this·_ day of March 2020 that the content$ of the
above affidavit·are true•and correct to my knowledgE?, no part of it is
false and nothing material is concealed therefrom.

IN TME HIGH COURT OF DELHI AT NEW DELHI

·,
O.M:P (I) (COMM) NO. j 8 OF 2020
IN THE MATTER OF:
COSLIGHT INFRA PRIVATE l.lMITEO ...Pl;TITIONER
VERSUS
MIS CONCEPT ENGINEERS & ORS. ...RESPONOl=NTS

••LIST OF DOCl)MENTS (WITH DOCUMENTS)
•ON BEHALF OF RESPONDENT NOS. 1 TO 3
Detc;1ils of
'•
Document Original/ Mode of Line of
-. -
•Pag
$.
No. documents in power, photocopy execution custody no.
and parties possession,
control,
custody of
• '
1. Service Petitioner Photocopy Exec·uted• From
Contract and • between Responden 40-47
Agreement Respondent Petitioner No's. 1 to 3
dated 25- Nos. 1 to 3 and to·counsel
07-2019 Respondent
No. 1
.. through
: Respondent
No. 3 ..
2. Invoice Petitioner • Photocopy Issued by From
dated 01- and Respondent Responden 48
08-2019 Respondent • No. 1 Nos. 1 to 3
Nos. 1 to 3 through to counsel
Respondent
No. 3 to the
Petitioner
3. Invoice. Petitioner Photocopy Issued py fi?'rom
dated 02-
08-2019
and
RespondE;nt
Respondent
No. 1
Responden
Nos. 1 to 3
4
Nos:--.1to·3 thr0UQh
Respondent
to counsel
�
No. 3 to the
Petitioner
..
4. StQtement ..
Respondent. Photocopy ·orawn by . "From
of Account Nos. 1 to 3 Respondent Responden
showing Nos 1 to 3 Nos. 1 to 3
details of to counsel
utilization of
the
mobilisation \
advance ..
.. --..
s·.·. - Respondent
Work Photocopy lss1,.1ed by From
o.rder No.s. f to 3 Respondent Respond en 51tv
dated 17- • No. 1 Nos. 1 to 3
I
08-.2019 through to counsel
.. -· .
Respondent
No. 2 to
CTECH
,, .
! India Pvt.
..
Ltd.
6. Photocopy Issued by From
Work order Respondent Respondent
I Responden 5"5°
(2) dated Nos. 1 to 3• No. 1 Nos. 1 to 3 1;,
24-08-2019 through to counsel
Respondent s1
No. 2 to
.. EMS
Management
Services Pvt.
Ltd.
7. Email dated Petitioner Photocopy . Sent by the From
30-08-2019 and Petitioner to · R.esponden s
Responden Respondent Nos. 1 and
Nos. 1 and Nos. 1 and 2 2 to cou n se
2 . ..
..
8. Reply email Petitioner Photocopy Sent by From

59
dated 02- and Respondent Responden 1))
09-2019 Respondent No. 2 on Nos. 1 and. \
. - .
, -· -,
. . ..
' Nos. 1 and 2 behalf of t9 co1.m el
I Respondent
• ..
··'
No. 1 to
Petitioner
9. Invoice Petition'er Photocopy Issued by From
dated 10- and the Responden
10-2019
.
Respondent Nos. 1 to 3 ti
.
Respondent No. 1 to counsel
Nos. 1 to 3 through
Respondent
No. 2 to
Petitioner
--
10. Invoice Petitioner Photocopy Issued by ·,
From
dated 05-
11-2019
and the Responden '.?
Respondent Respondent Nos. 1 to 3
No.s. 1 to 3 No. 1 to counsel
• through
Respondent
-·· •
No. 2 to
l
Petitioner
11. Invoice Petitioner Photocopy Issued by Fror:n
dated 05- and the Responden
12-2019 Respondent Respondent Nos. 1 to 3 (,
Nos. 1 to 3 No. 1 to counsel
through
Respondent
No. 2 to
Petitioner
..
12. Invoice Petitioner Photocopy Issued by From
dated 03- and .. the Responden
01-2020 Respondent Respondent Nos. 1 to 3 (;s
Nos. 1 to 3 • No. 1 to counsel'·
through '
Respondent
No. 2 to
Petitioner
13. Email dated Petitioner Photocopy Sent by From
28-11-2019 and Respondent. R'esponden b6
Respondent No. 2 on Nos. 1 and
Nos. 1 and 2 behalf of 2 to·counse
I Respondent
i No. 1 to
I I Petitioner I I I
FILED THROUGH:
ACTUS LEGAL ASSOCIATES & ADVOCATES

Gautam Nagar, New Delhi-110049
M: 9968954570,(0): 011-26520791
Email: [email protected]
NEW DELHI
DATED: \ b• O 1 • 2A 2-,-l)
\,
!NOIA NON JUOICIA'L
Government of National Capital Territory of Delhi

•• M • # 0 > • • 0 0 0 •- 0 •- 0 .. ,. ..... o••· • 0• 0 - 0 ' o • - 0
e-Stamp
{ Tei
Certificate No. IN-DL.27922t24679280R

Certificate Issued Date 4-Jul- 019 04:02 PM
Account Reference : IMPACC (IV)/ dl7667Q3/ DELHI/ Dl-DLH
1
Unique Doc. R.eferet1ce SUBIN-OLDL76670361413661999182R
Purchased by COSLIGHT INFRA CO PVT LTD
Description of O.ocur:nent Article 5 G rieral Agreement t\
Property Description jot Applicable
Consideration Price (Rs.) 0
(Zero)
F=irst Party COSLIGHT INFRA CO PVT LTD
Second Party CONCEPT ENGINEERS
Stamp Duty Paid 8.y COSLIGHT INFRA CO PVT LTD
Stamp mo
(One Hundred only)
Duty·A"mount(Rs.)
............. _... ... _ ......................Please write or type below thisline .....:.......................••.............
·- . r.
f~Q; C
,....."', ,,;:: f"j' o f
-''-'1·1 r ,:..:.',·::.:,.:-:-:···;,;
"'··. , . . ..
,-------, -- ·
r r
.
'.I - ...
,.>
r ,1.;·"0\
'-... ,.
Srncutory AIP.rt:
i n ,:. .1u111er,;1:;1iv ol lj); S!rirnr- , .f r'll;,.,i!H · ,•)·.1,1 uf· .:11, ,Ir, •ii :11 ...., ,.,.,5,,,, f ;>I-Jll:1• ( ,;,,, ,::. \-; !!•'•!:, • ,if, •, ; :·., :-,;• j \I 1! H
;-w;,ui, hh (;r, ;:l1-:, ""'c•t:$1!11r.Jn, (: •. 1! i,· .1,;u
ir , • 1•·1c ·• ·ri • ·wq H,u ll')°t11tn•11 • •in th,-. t •,t,H!, .:;i 1111;1;:i!!u::d:1
, ;r·1::.;:,·,•·;'::. - -· · ;r;;:, 11(, • t
rs;,, .·,:,,;t,t1i'; !ill'.,1 ":.\·,:..,p,,ir-111 f ..J no, ii :
,
TH S SE·RVICE; co -r T' MOW is entered into a.t New Delhi on thi:3
25t;h day of July, 2019-
BETWEEN
M/s. Coslight IrtfJ:.a Company Private Limited a
company incorporated in India under the

Companies Act, 1956 having its reg stered office at Pict
No. 326, Sector-8, HSIIDC, IMT Manesar1 •
G\Irugram, Haryana- 122050 through 1ts Director Mr.

R jesh Kumar_Srivastava· (hereinafter referred· to as the
. .
11
p.q pant';) .w. hich expression shall unless repugnant to the
its administrators,
-s):),:G,.eess,ors and assigns) of the First Part;
. ··.;
: : ' .. '
AND
M/s. Concept Engineers, a,partnership firm having iti office at

·301-305, Jyoti Bhawan, Mukherj i Nagar Commercial Complex, Delh.i
!
l]:(J009 through its partn-trr Mr .. Raj Kumar Arora, S/o Sh.

Amar 1-Ja'th Arora (.hereinafter referred to as the "Vettdor") which
exRression shall unless repugnant to the context or meaning
thereof include its administrators, successors and
assi.gns) of the Second Part;
Wf1EREAS
( 1) The company is engaged in providing services

installation, commissioning and repairing
of battery installations mainly to Telecom Sector
Clients and wishes to outsource its oper:ations;
( ·) The vendor is engaged. in similar acti.v.ities and r1asthe
execute
2
installation, conunissioni.ng and :c:...p2irirn;:i of batt.e:y
installat.i.ons
; ,,
(3) The vendor has,approached the company with offer to
get. the business operations 0f the company outsourced to i.t:
on PJ\N INDIA basis and the company has
accepted the pro" osr.1 i forwarded b _the vendor at an
agreed price and oncer ain terms and conditions;
NOW THEREFORE IN CONSIDERATION OF THE PREMISES AND THE MUTUAL

COVJl}NANTS tlE·REINA-FTER CONTAINED, THE PAR'I'"l.ES HERETO HEREBY AGF.E'.E
AND THIS AGREEMENT WITNESqETH AS FOLLOWS:
(1) SCOPE OF WORK:
The vendo shall provide the following services to th� clients

_qf,f"y:he .99TQ.pany on PAN India basis
a) providing sufficient ualified Service Engineer to a -end

warranty & non. warrantee related and breakdown services
J at company's customers sites of battery installatiJns.
) OneService Engineer shall beresponsible to atten.
maximum 6-8 complaints per week depend.i.ng upon
geographical locations.
c} Taking proper Fol.low up and attending of services ca L s nn
24x7 basis.
) Undertaking site visits for troubleshooting, repair,
removal and inatallatibn of spares, testing of installed
Li-Ion and VRLA battery modules and Central Battery
Management Systems .
.(2 ), The vendor shall employ and deploy experienced staff unc:er
l
the guidance of the company at various designated pl ces
to serve the company's designated sites and
manage the
The maximum no.
-=--=--
Enginesers at any given point of time shall not exc'
ed. 120 in m.imbers. However, if the company needs
to get more
technocrats em ploye:d, tha.t shall be charged E!.. tri:l at
·,.
mutually negotiat�d terms and conditions by
entering into a supplementary agteement.
(3) CONSIDERI1,.TIO.N:
The Company shall pay a consolidated sum of Rs 72, 00,

000/· ( Rupees Seventy Two Lakhs only) plus applicable
ta:�es to the vendor every month on or before 7th
day of the month.
(a) The consideratibn shall include all expenses relatec

to:
:L) $a-lary and vl-ages of service staff including a.ll other.
benefit& like ;PF ESI,
1 Annual Allowar ces,
Employee Insurance and other statutory payrnents r
1 ar..,c
payroll.
ii) Teiephone and communication expenses of
se.tvice personnel.
iii) Travelling, Local conveyance expenses related to
service personnel.
(b) The said consideration shall not include
Installat'on and Commissioning of New Battery Moduh
s. Such a service shall b� charged extra at �he
following rates during the subsistence of this
agTeement:
i) For Installation of Li-Ion Battery Module, Rs. 2000/
plus GST per module.
ii) For Installation of VRLA Battery, Rs. 2500/- plus CST
per 48V DC Bank.
j
iii) Any loca1 f:rei.ght cost from customer wa:renouse to site

shall be extra as applicable.
(4) MOBILISATION ADVANCE & FIRST RUNNING BILL PAYMENT:

:'; •
The Company shall pay to the vendor a mobilisation advance
p
t-tf· charges plus applica,ble taxes
all
4
t om a k e necessary arrangemen,ts and for mobilisation of
staf·f and equipment's on signing of this agreement. This
amount 'shall be deductib-le @ 10,% from eve:i;y month :rnnnir g
bill. Apart from-that the charges for the first month is
also payable along·w th signing of this agreement.
(SJ The vendor after signing of this agreement shall start ;t_
services from ].St September,· 2019. The company shall ensure.
the smooth handover of its sites to the vendor before the
designated date. The company shall extend necessary
cooperatioh and suppbrt to the ·vendor to enable the
vendor to an e'ven sta;rt of the services.
(6)_ The company shall handover its service manuals, SOPs to the
.staff of the· vendor and shall provj_de the necessary
·-;, . _.f, t2raini.ng to th:e personnel o;f the vendor of its 1i.ne of
• ,, prGlducts ..
_.... .{Tt .1O.CK.-,-,IN-l?ERIOD AND EARLIER TERMINATION
This ·agreement shall have a lock in period fo.r. 12 rnont.hs
fr0m the date of start of Services i.e. 1st Sept�mber
2019. Both the parties are bound to give a notice• of: 3
months from their respective sides to terminate this
agreement post lock-in-period. In case of earlier
termination by the company, the comp.any shall be liable
to pa,y all the proportionate charg.es payable under this
agreement to trie vendor for the balance pElriod of lock in
period . -
0
•••
.·• ....'8·ii:.t>.,,'I'n·e..i., company in
•• ••
ca se. : of a-ny dis-pu-te shall n0t hold the
l
vendor's payment on any prete t as both the pa:t·ties do
understand that the vendor payment is towards providing
\_
services and the major part of this service cost is related

to vendor's staff Salary, Travelling and Employees Welfare
etc. payments.
(9-t.:. ASSlGNMENT ANQ SUB.CONTRAC'!'ING:
,•.•: \
t; . B_x9e:pt as otherwise p-r:ovided he.rein, the vendo'r may as.si9n

t/··· or trans·fer the -Agreement or the benefits or ob1igat .ions
there;o·f or a,ny part ther.e(:)f
to any other
·Forco·NC ·'.Pi' !".,'. IC:.11\!'7.r.::R:':::
•
PAR
-L- ,
ER
-
placing· of suborders shall not relieve the company ;_rnd
vendor from .their respec;tive obligations under t.h.:.s
Agreement.
( lQ·l FORCE MAy.URE:
J
>' If the progres.s of :the Work is delay·ect as the rel;lult of th'_

occurrence o� any ev�nt in the following list,
thevendor shall not be held responsible for any delay
in providing service: adverse weather conditions not
reasona :y ant:icipatable, flood, cyclone, hurricane,
t,. rnadc, earthquake, or.other similar catastrophe; acts
of a public
·enemy or the. ·Government; .fires, epidemics,• quarantine
restrlcti-ons, .. or-- 6tb-er casua)ty for whJch Vendor is not
. .
_f ,r.e·se9ns:ibie-_ .r the conditio.ns·which are beyond the control
of the vendor-..
h1tf.GOV-;ERNIN.G LAW
i-·1·;
: Y· : .,t : :-·-; ti·.Th£ s_:•.·:1\g..J: e·eme. t -sha41. be interpreted in-· c·c•o:rdan.·ce with the
i?. .•l:;; . • . .
•' :°":. '.-: :::·
I .
·X" ·rrrdiah
:1-'• laws without regard to the confli<.::ts o· • .· ,1 . a w•
principles thereof.
(12) CONFIDENTIALITY
Company and Vendor shall treat a.l.l documents, c.a (.a,
materials a1;-id infor)1lation supplied by one to the
o·n. er
\
confidentially and shall not disclose the ab,ove to

any third party and shall not use the above f.or any other
purpose than for the performance of this .Agre-ement,
without
. prior consent in writing from the other party,
except as
i' - /
Hi:'requ.i-red by law or in con-n:ection with any litigation. The
•
f .p. -
ffp-rovis-i.ons of :this clause' s.h.a.11 survi v·e t.he ex.pir:ation •'.).r
::. ..
�:,earlier termin tion of this Agreement.
{13.) LOCAL LAW COMPLIANCE
Vendor shall comply and secure compliance by its
employ�es· and subcontractors with all
laws applicable to thi$ Agreement and
the perfor.:mance of this Agreernentby Vendcr.
Similarly, the company shall comply its part with

a11 laws
( 14,) NOT I CE·
'
Notices by either party re.quired or permitted to be given
hereunder shalJ be given by designated E-mail, certified
mail, return ree:;eipt requested, overnight courie_r by a
nationa;t.ly .
courier service/India Post., or
recog.niz d \.
: ·.r. ,· . oomfirmed. te,J.:!:ef.ax. Any such- notices shall be·deemed to have

4 be- ri given upon their doc:umen,ted date of receipt, or in
the ca,9e of tel·efax, upon the date of
conf irmatlon o.f the transmission.
a. Any party·may change its address by giving pri r
notice
tb Ehe other party in the manner provided for herein.
_Cl?,n.!P.any1:s-ad:dref;js-: Plot No. 326, Sector-8, HSL,[DC,

Manesar, Gurugram, Ha:ryana. 122050
Email: [email protected]
Vendor's addre.s.s::301&305, Jyoti Bhawan, Mukherji Nagar

Commercial Complex, Delhi 110009
]::mail:
[email protected]
( 1ft -ADDITION AND AMENDMENT

t;.' No pr.i.o;r agreement ox communication by,' either party shal.l
alt-er th.e meaning or interpretation of this Agreement.. No
modification, al terat;ion, addition or change i.n the erms
her:e·of shall be binding on the parties unless. it is
exp._re-ssed in -writing \and d,uly xecuted by the parties· in
,the same manner as the ex·e·cution of this Ag.reem nt.
(1 ) ARBITRATION
-
In case of any dispute between the parti�s, the matter may
be referred to Arbitration under the provisions
of Arbitration and conciliation act, 1996.
.f · :F r·CONCEPTg
-- tlEER S
-
FARTN. R 7
I'NfW:ITNE$.$'•WHi oF the parties have signed this document c.. the
date fir,st above ..,written in the. presence of the fol.lowing
witnesses..
c·
I""--/'--
'. .....-:---
Wi t,,ness.: F r & on Behalf of Party to

the Fir-st part named
1. f9-r-1,.,- a< o, Coslight Infr'a Compa·ny Pvt. Ltd.
. k, S,(J ff€O \ '.
; J.-e1,.,- S'? f,R f,A"1" t ._ .
.
1
•• A-: "(J-r. .C,MA--(1./,itP() · '-(()2 --
- .TNER
NO""'. \\OcJ'-1. For & On ijehalf of party to the
Second part named
M/s. Concept Engineers
8
. e;IA IF;CT19 N DEl HJ UlBU3'WC.J"ION
·invoice.No. CE119"20/11SRV Dated 1•AUg•2019
Ref. No.
CONCEPT ENGINeau -
301 & 305, JYOTI BHAWAN
·.,'DR.MUKHERJEE NAG. C ERCiAL
COMPLEX
• .DELHI• 110009
STIN/UIN,.07AAIFC7423M1Z6
0
•St.a Na.me : 0elhi, Code : 07
'E:-M3il: [email protected],m
TAX INVOICE
P rty : CO$UGH)' INFR,\ COMPANY PRIVATE,L:IM

826;-SECTQR"B,
IMT.MANESAR
• GU UG,w.t t .
GSTIN/tJIN' : ·o.6MFC02529N 2!1,
PAN/IT N.o : AAFOCa529N
State.Name; -:Ha,y,na, Code : 06
0nte1rNo, • Payment- :r.enna·
• SERVICE(CON;f'RACT·MOU
:,i; .lul-'>n<a
SI
• ·--
Oeaaiption of
IADVANCE HSN/SAC Quantity per A.m01P1t
No . -ce• .
.
.1 Mobilia ,. n :lo; Sita;Mah;iteance $ervlce11 99871'9 6 Mon h :r.za.a,000.00• Md 4,32,00(000.00
: Belng_. pfi"'.'"i.{1;M,anoe,f'µ/allant•
To.5ifwii MO!J'Oiltti'2S:07.2019 •
.For-·6'Mtm.i!Uf.ln Advsncs:. •
18. %
'
Total· .
Amo,unt CharQUbl, !fnlwarda) E. & o:e

INR.Flve·Cro,-,NJn• Lakh Seventy Six Thouaand 9'nly
TQable Total
Vala l:'air:Amolint'
.. : .... ,- (M A/---- ": • - ..•
11:otal 4;U;OO,odii;oil. • .7e-,'Q.OO::OOn°lTe:OOQ.ciO
Tax.Amount,('111words): IN'R Seventy Seven Laich Seventy_Slx ThQu.aand·Oniy .

Rilmari<s: . Compaqy'enldl)etall&
being,Mobiliution,Advance billed {BILL No.' E/19-20/1SRV Bank Name :,HDF.C;aANI.(
gomp:a y•s P.AN : AAIFC7423 N.c No. ·: 5020i!*1qM_O
Branch.&IFSCode .:: HD.F. 0.000280·
Dacia . . • . .. .
Wi!tdtf,dare that thir!,nvolce-ahows the actual price of the goods described.and il:11:t .all l)ai:iiculara-a.re jn!e aod,$.Orrect. .
C4stomer's Seal a_nq Signature
Thie is·a 0Q01p1rterGenerafed_l -

Partnor
s,_tlRI,FVIJ;P NFWPFI ,HJ JI 181$
Do(-v f?"-lt J o•, ..s
lrivoioe;No. etp19 2 S.RV 1:1,IU\d :2 g•2019• •
·';'I . R;,f.,Nq.
CONCEP.TE.NGINEERl5!
.. 301 & 305.,.JvonaAAWA
0. MUKHE JEE NAf;MtC.Ql\tMW.iA.tCOMPL,E)(
' DE HI,-11 Q..Q9
GSTIN,VIN: 07AAIFC7423M1Z6
Sljite Name : Delhi, CO(le '::07'
,•e Mall·: conoeptengineersindla@Yal\OQio_O.m
TA_)( INVOICE
Party : CQJUGHT INF A CQMPANY PRJYATE LIMlil'EP

82 , SECT.OR B,
IMTMANE R
GURUGRAM
GSTINI\J(N, - : QS F-CC.i$.281i1'1ZI
PANLI\T No : Ai','FCC2 29N
$tate,Nan:19· : Haryalia, COde : 06
_ ·/ijr -<-;--•• , ... P.iaynienn:erma:

:> .S R- Cffi:J'.AAGT-'MOV Adliar.i¢e
- : • _.,8_.':----- ---- ----..,.•1-...,.. .. .--...., ,,._............._,.. --.-_ _,,.._.,.._,....,..,..... ,. .I
• 'S•I P.DO!i al.. ·, ' ,Quantity .. -Amount:
--- ..;-- :- _--- ...- ;;.;•.
, 1 :Site.S pport Man111u•m•m.t Services 9987-'fg 1. f,lonth '72,00lOOO,W•Nont1 ' 1-2 00;000.00
0
• ''i(S<T;-R/!JN,NINQ,-B!LJ,_·pLJRSUANT TQ
SEl.ff/J C:O/tl1!RA"CtMOU.DATED
.,: 1;.:,,;r::- ":fQ-FOR:Tl:IE MONTH OF.
• MSER·20.f9·R YABLE
.(N VMl¢t'Wiir:1:f:N(!)BICISATION
.- Qf/ANCEASPER TERMS.OF
•- AqREEMEN:T'.
Qu utlgst@18.%
12,91J,Q00.00
I) - i
.':
..
E>&:'0£:
-...•
T-oflll
• . ,.• -'"'".;..:l • C '-l1!ax. unt. .
'"' •'
··-"!" "'.".,-.;.,,_i.,,,., '
1:item• !;: '.,· ., .:, ', • .,._ • - , ..' -:."'"
:
.v, ,r , •
;
Total: 7!%,00,:0iJo OO:·· 1.','.:, ,:.i;_i lt!do:GO· 11 ,18,000:QO
·tax-Amount:Qn ): INR,Twelve.Lakh Nli'lety:Slx 'thouaand On y _' 1
-Remam: . : ComRfi!nl(s]Bimk: DJitails, ,

• BEING F-JRS'f RUNNING BILL.FOR THE MONTH 0-F Bank:N.ame : M_ F4i![l-.l,\C_, ,,,,:
SEPTEMB.ER.2819 • • • ·' ' Afe:N.o. : •60%[email protected]• •.
c rnpa,:iy-s P.Af',I : AAIFC7423M. Blanclt&lfSGode ; HDF.COIOD280'
. Declaration;. . .
• ,Yii/.e·ciecl:iu, u;.nhia Invoice "she""- the actual price of-the goods>-pe!Jcril;led and,qiat1<,ilfp111rtiQjlm are-tn:,e - corie_<;t,
. .a(;:µstomet's:$eal'al_idSignature
Ipls i& a-C«;N;DP11tnrGenerated lnYAir.e•

_.it1·• :,-··.:i
Partr
l .•
Statement qf Accour1t/
:--···-··-·----•----· ·-··· ··---·--·------ ······· ... •·... •-- ·- ·... ·····- ,.. ---1--- · ··-····1
FY..
;_ 1li:,
. -'- -- - . - -··· -··-- --- ,. '..........t,_ln··- -
F
i
!- _j_Ar.ry_ BS.::ttn. !n,_
: _S,:J
Gross Receipts from Coslight infra Cqmpnay P.Ltd ! i 57744QQ0 l
r. ----·· 5.9.472000.bil·1·· u- t-TDS.1 -h,soool _ · .• . ·.- ..J -- :.·:··:-::_:·::::•·:::·._·- -.: --
..
!Less fOut
_·-_; Flow • . 1
j .J
1- f GST J 11145600 [
; BANK CHARGES. -·--- -- ·-· ••· -· ·22a6j • 1
t"·conveyance Expense ---- ---------- ---.---·1052541; -l

;-- ... jrt{°; ;' o ::;.;;ft_:""- --•.. ------1--- '-
1 - -- • -, freight- ----· - ·- ··--· •· - ·· - --· · ·-· · -1 -· - 1000!
A
MAN POWER EXPENSES
!Misc.Exp.
iPetrol Expanses
••••'
• • •• ------ ·-·--- • ·- - -.-::
--f-
T 17959469)
4960
71437
·; Printin.g&)-tatio_nery 1550,
'. Repair&·Mai tenance ·-.•- - -- ·--- -10177-'
--· --
' Partner Salary
• -!::• "'[!;'-- - ••·

--·1-----·- •
-·· •
---
C --
· · ------ ·
•-----------------------------• r·
•···•- -····•••••• • •• ····6o0oo0T
:_ ·--- - ------
221
,
··--...............1
[-•-- •
·----·-··- -
)
··l
. i Staff & Welfare '. 9758' . :
,----- ,..J,.._ --- • - --. ----- ------- - .. -. -·- ---------1. ------·- ·-·--------- ------- - .
\ • • Telephone Expenses . ; • q_?B: ,
: .. . •. ToliTax - •• -- • .... .. ....•. - ·- .• .•296f"..................
i--·-- -·-·-··--·-··-·-•-··· ,, ·····•···-···· -·--·-·-- --- ..-- -- ·- --· ·- ·- ---
! TOUR & TRAVELING
----· ;
-•-,..·--·· ----·- - ·-•..-· ...;.. .-------------------------. ··:•:
40542:
•••; fvf00ll.lZATIONADVANCE·----- --· _,_ • • • • ·-·-·•••• --_ J_. ,,1? 900QO;-· ••••••,. - •·--(;.
-----· ··i,=;xedasse"is ••• i 11209si
; . -} -· -
i
r-··--· --- -'Provision for income tax ,
·rota/Expense -- ----·-····-·-· -·-··· •• ··-. -----------,;---
5241600J _ 54·1--5--2-1-·6···s·--
r- ·-.. _ ... --- - --·- 1
i ....
. Balance Amount 3291835
'
. . CQn¢epnt gineers·• ' ,

Works: 01 &305 .Jlloti B awan br. Mukl)erjee Nagar Commercial Complex Oelhl 110009
PhnnA • +91 Q11rn9n 16. Fax +91 114511, 11 4 ·
r
E-Mail : info@concepter,gs.com website :' 'NWVl.99hceptengs.com
c;,mN No, 07AAIFC1.423M1Z6· PAN No, AAIFC7423M
1w9 No CE/AUGtq1 Work Order WOQate •- 17'Augu11;2019·
Vendor/Suooller
CTECH IN0IA PRIV TE LIMITED
0 • 323-A 2ND Floor, Plot No. 11 , Balajl Complex, L8/Cn:1i N/lgar, Delhi 110091 Co,ntact
Mr. Manish Sharma
Pel'SOn
SN!>,
. SAC Co Service pe crlptlon- [UNIT QTY Rate t)lsc Amoynt
e o/o
998519' Providing SUTT!dent Qualified wa·rrantyI!< Non y.iarranty Related 0.09
Service Engineers And Breakdown rvlces
• at Prlric)pal's C!JstQme
ites 9f Bat;tery.Installations
Pro¥iding 80.Service Engineen on MiJi ' ii ·«,00,000 5,28,00,000
F0<ed Cost Basis @ R.s 4400QOO
per mon\h ro;12!"On\hs.
Billtng on Monthl-yBasis.
Completlon Cate :
Wlthln 4 days on submission of
•-mrms:
Invoice ' Totasl sable'
·47,52000.Q0
Total CGST Amount O l,QO"i,
41,sz,ooo:op.
Total PQ -S.23,04;O0.o.oo
( irOUiGSTQn\Yords) Amoun1
NINETY FIVE'LAKHS FOUR THOUSAND ONLY
Total Amount (In Wonk) SIX CRORE T'fJEN I i THREE LI\KHS FOUR Ti;!OUSAND ONLY
Authorised S ignatory
if
"/''
..
/
;
/ .
/
ANNEXURE 1
•
Terms ancJ Conditions
.1.' I '
Annexure to the Work Order dated 17.08.2019 to Mis. CTECH INOIA PRIVATE
LIMITEO. These terms and condition ishall form the integral part of work order c;jated
17.08.2019. • • •
Mis. Coslight Infra Company Private·\ Limited (the corrJpany) has outsourced its
service operations·to Mis. Concept ngineers w.e.f. 01.09.2019. We Mis. (Concept
Engineers, hereinafter referred to s "th C ") do hereby iS$Ue CTECH INDIA
PRIVATE LIMITED (the vendor) th ericlosed yvork order for providing experienced
manp·ower to handle the service ope.rations of the company on PAN India basis on
the following terms and conditions:
i
:/
(1) SCOPE Of WORK: I
I
. The vendor shall, provide·the·f.·.ollowi119 .services,to the company on b half of CE

on PAN India basis ...· · •
a) providing. sufficient qualified Service Engineer t9 attend warranty & non

warranty rel ted·and l;,reakdqwn servic s at company's <;:L,Jstomers site$ of
• battery-installations. •
b) One Service Engineer shall be resf:ionsible t9 attend maxif!}um 8 10
complaints per week depending upon geographical locations. •
c) Taking proper follow up and atiending·of ervice calls on 24x7 basis.
d) Undertaking site visits of the company's clients for troubleshooti.t'lg, repair,
removal and replacement of spares, t sting of irstalled Li-Ion and VRLA
battery modules and Central Bpttery Manageirl.ent ystems
(2) • MOBILISATION ADVANCE & flRST RUNNING Bl L PAYMENT: .

The CE shall pay to the vendqr mobilisalion advance equivalent to-6 months'
• charges plus all applicable ta?(es to make necess,ary· arrangements and
for mobilisation of staff and equipment's 011 accepting of this Work Order. This
amount shall be deductible @ 50% from every mopth running bill. Apart frQm
that the charge$ for the first mpnth ·is als9 payable plong with the mobilization
advance.
(3) The ven.dor after accepting·this 'workorder shall immediately mobilize its work
force and necessary equipment on PAN'India basi so as to start its servl'ces
from 1st September, 2019. Tt,e CE shpll ensure the smo.oth handover of
Company's sites to the vendpr before the designated date. The CE shall
ensure' and arrange necessary.1=cooperatipn and_support from the company
to the vendor to enable the vendor to a mooth and trouble;.free -start of the
services.
\
\
(4)
Th CE shall handover comp9ny's servi9e n,anual , SOPs to the staff of the
vendor and shall provide the n cessaryfrain.ing to tt,e personnel of the vendor
of the company's line of produ ts and services.
1
I
·./ _,,.·
/
(5) LOGK-IN-PERIOD, MINIMUM GUARANT(;I; AND EARLl R Tt=RMINATION

Thi work order shall.,have a·lock in period for 12 months from the date of
issue of the work order. Both the parties are bound to give a notice of 3
months from their res·pective $ide to terminate this work order post lock-in
period. In case of earlier·1ermination by the CE, the CE shall be liable to pay
all t e proportionate charges payable under this work order to the vendor for
the balance period of lock ir:i.period, In case Cl:: terminates the work order
bef9re start of services date, entire advance given to. Vendor toward$
mo ilisation and first month charge$ shall stand forfeited. In case tne CE does
not terminate the work order but fails to get handover of sites to the vendor, it I
sha,11pay a guar nteed sum of Rs. 28,00,000/- per month plus all applicable I
tax s to the vendor till the handover of sites. I
:I
_(6)
11
·1
- AS$1GNMENT AND SUB-CONTRA¢TING:
Except a·s otherwise provided herein, the vendor may assign or transfer the
wor,k order or the benefits or obligations thereof or any part ther of to any
oth r person. -Any placing of suborders shall not relieve th,e
1
CE and vendor
frorp their respective_obligations under this Work Order.
(7) CONF.IDENTIALITY
CE and Vendor shall treat all documents, data, materials and information
supplied- by one to the other as confidential and shall not disclose the above
to ijny.third party and shall not use the above for any purpose other thah forr
the performance of this Work Order, without P,rior consent in writing from·the
oth r party, except as required by law or in connection withsany litigation. The
provisions of this clause shali survive the expiration or earli r ·termiriation of
this_Work Order. ··-
(8) LOCAL LAW COMPLIANCE . .

Vendor shall comply and :secure compliance by it-s . employees and
suqcontractors with all laws applicable to this Work Ord r and the
performance of this work order by Vendor. Similarly, the GE shall comply it .
part with·all laws applicable to this work order.
(9) NOTICE
Notices ·by either party required or permitted to be given hereunder shall be
giv n by designated E-mail, certified mail, return receipt requested, overnight
co rier by a nationally recognized courier service/India Post, confirmed telefax
or py hand duly receipted. Any such notices shall be deemed to have··been
giv n upon their dqcumented:date of receipt, or in the case of telefax, upon·
the date of confirmation of the transmission.
Any party may change its address•by giving prior notice to the other party in
the manner provided for herein.
\ • Concept Engineers: 301 & 305, Jyoti ehawan, Mukherji Nagar

,·. ' Commercial Complex, Delhi 110009
• Vendor's address: D-323-A,.2nd Floor, Plot No. 11, Balaji
• Complex, Laxmi Nagar, Delhi 110091
2
"'
'/
/'
..
(10) ADDITION AND AMENDMENT

No prior agreement qr communication by either party shall a\ter the m aning
or interpretation ofthis,Work Order. No modifica,ion, alterc tion, additjon or
change in the terms hereof shall be binding on the parties unless it is
expressed in writing and duly signed and accepte<;I py the CE nd the vendor.
'i
J U R I S D IC T I O N
(11) A n y d i sp ut e s a rising out of this work order sha11 b
'
subject t9 the juris9iction
of Courts in Delhi only.
"-CCEPTANCE BY VE -DOR
--.We herebya' cce·pt all terms and conditions of this wqrk
order. '
I
:,,·
II,
I.
3 i
!
h
,f
-
, Concept Eri-gineers
Works: 301 &305 Jyotl-Bha"Yan Oru, kherJe,e Nagar «;ommerflal Complex Delhi 110009
"Ph9ne; +91.98109033l 6 Fax +91.114$824834
E-Mail : [email protected] Website : www.conceptengs.com
CSTINNo. AAIFC7423M
07AAIFC7423MIZ6 .
WO No CE/AUG/92 Work Order WO Date 24 A1,1gust 2019
Vendor/Supplier
EMS Management Services Pvt, Ltd,
K.hasra No. 235-36, Basai Enclave, Gali No, 05, Garhi Road, Gurg on(Haryana)
Mr. Dilbag Singh
- 122001
SNo.
SAC Code Sen-ice Descrlptlor UNlt QTY Rate Amount
D isc
998519 Providing Sufficient Qualified Wan-anty ·& on Warranty ., , ,
Service Engineers Related And Brcafdown 0.00
Services at Principal's
Customers Sites Of
Batt ry Jn b!llations. , Man 218 800 I,74,72,000
• Providing Man Power For 21840 Day 0
Man Oays@IOO0 per Man D
,Y Billing_on.M_onthly Basis.
OuoaDat,:
Within4S da)'I on 1ubmiuionof Invoice

Namllo■:
Tutal CST Arnuual 31,44,960.00
Total PO Amount
2,06,16,960.00
TotolGST (in Words)
T<>'-'I Amowu (in Wonls)
THIRTY ONE LAKHS FOURTY FOUR THOUSAND NINE HUNDREDSIXl'Y ONLY
TWO CRORE SIX LAKllS SIXTEEN THO4SAND"NINE HUNDRED AND SIXTY ONLY· ·--
Terms & Condhions·:
AS PER ANNEXURE I ENCLOSED.
Authorised Signatory
I
I·
'!"
![, .I
./
/
I ,
I
ANNEXURE 1
... Terms and Conditions
Annexure to the Work Order dated 24.08.2019 to Mis. EMS MANAGEMENT
SERVICES PRIVATE LIMITEp. These terms and conditions shall form the integr I
part of work order dated 24.08.2019.
ty1/s. Coslight Infra Company Priva"te Limited (the •company) has outsourced its
service operations to Mis. Concept Engineers w.e.f. 01.09.2019. We Mis. (Concept
E:ngineers, hereinafter referred to as• "the CE") do hereby issue Mis. EMS
MANAGEMENT SERVICES PRIVATE LIMITED (the vendor) the. enclosed work
o,rder for providing experienced manpower to h ndle the service operations of the
c mipany on PAN India basis on.-the followin terms and conditions:
(1) SCOPE OF WORK:
The, vendor shall provide-the.following services to the company on behalf of CE on

PAN India oasis
a) providing sufficient skilled Service Engineers', Technicians and Helpers to

attend warranty & non warranty related and breakdown services at compa,ny's
customers sites of bat.tery installations.for attending service calls on 24x7 at
various sites of the company. ,
(2) The vendor after accepting this workorder shall immediat ly provide the
necessary manpower oh PAN India basis to enable the CE tQ st Ft'-i services
from 1st September, . 2019. The vendor shall keep its staff·.ready fqr
deployment at the order of the authorised representative of the CE. The
vendor shall provide the requisite manpower within 24 hours of notice periqd.
() The CE shall provide the necessary training to the personnel of the vendor Qf
the company's line of products and services. . •
(4) LOCK-IN-PERIOD AND MINIMUM GUARANTEE

This work order shall have a lock in period for 12 months from the date of
issue of the work order. Both the parties are bound to give a;notice of 3
months from their .respective sides to terminate this workorder post lock-
in period. Though the number of manp.ower provided by the vendor for the
company's sites shall be flexible·however the CE shall guarantee a mini'm(.Jm
number equivalent to 21840.skilled man days on PAN India basis for the
lock in period. In case the CE cancels the work order at anY-.:stage after
its execution or hired man days are short of the minimum guaranteed man
days as mentioned above the CE shall pay the vendor to the extent of cost
of 21840 skilled man days i:>lus 10% servfce charge thereon. •
(5) AS$IGNMENT AND SUB-CONTRACTING:

Exc pt as otherwise provided herein, the vendor may assign or•transfer the
wor,lf order or the benefits or obligations thereof or any part thereof to any
other person. Any placing of suborders shall not relieve the CE and vendor
• from their respective obligations under this Work Order.
1
/
/
I
(6) CONFIDENTIALITY
CE and Vendor shall treat all docu111ents{ data, materic;\IS and information
supplied by one to the -other as confitjential and shall not disclose the above
to any third party a n d- shall not use the above for any purpose other than for
the performance of this'Work Order, without pri9r consent in Writing from the
other party, except as requlred by law or in connection with any litigation. The
provisions of this clause shall survive the. expir tion or e9rlier termination of
this Work Order. •
(7)
LOCAL LAW COMPLIANCE
Vendor shall • comply and se_cure complian9e by its employees and
subcontractors with all laws • appliqable to this Wor Order and the
performance of this work order by Vendor. Similarly, the GE shall comply
(8) its part with all l ws applicable to this work order.
NOTICE
Notices by eit_tier party requir_ed or permitted to pe given hereunder shall be
given by designated·-E-mail, certified m_ail, return receipt requested, overnight
I•
courier by a nationally r.ecognized courier service/India Post, confirmed telefax
or by hand duly receipted. Any such notices shall be deemed -to have been 1:
I'
given upon their docume·nted date of receipt, or·in the cas,e of telefax, upon iI
the date of confirmation of the transmission. •
Any party may chJmge its address by giving prior notice to the other party' in
the _manner provided for herein. •
Concept Engineers: 301 & 305, yoti Bhawan, Mukh rji Nag9r
Commercial Complex, Oelhi 110009
Vendor's address: 235-36, Bas9i Enclave, Gali Ni. 05, Garhi Road, II
Gurgaon(HarYana)
• I
I
(9) ADDITION AND AMENDMENT

No prior agreement or communication y eith r party shall plter t ,e meaning
or interpretation of this Work Order. No modification, alteration, addition or
change in the terms hereof shall be bindin.g n the parties unless it is
expressed in writing and duly signed and acc pteq by the CE; and the vendor.
(10) JURISDICTION
Any disputes arising out of t is work or.per sh II qe subject to the
jurisdiction of Courts in Delhi only,
ACCEPTANCE BY VENDOR
We hereby accept all terms and conditions of t is work or er.
2
+
_ 3/11/2020 Actl,Js Legal Mail - Fwd: Determination of Service Contr ct MOV
DOWM (f;,NT o,
Actus Legal <contact@act\,lslegal.in>
Fwd.:.. Determination of Service

.
Contract
.
'
MOU - ,
•'
Ziaul Islam <ziaul.concept@gmi;lil.com?' 11 March 2020 at0:26
To: [email protected] •
-- Forwarded message ---------

From: zhou qing <[email protected]>
Date: Fri, Aug 30, 2019 at 7:54 PM
Subject: Determination of Service Contract MOL)
To: [email protected] <[email protected]>, [email protected]
<[email protected]>
Cc: shanhui <[email protected]>, kganesan <kganesi;[email protected]>
Dear Mr. Ziaul Islam and Mr. Raj Kumc;3r Arora,
We refer to your email to·Mr._Arup• Chattaraj dated August 26, 2019 in relation to certain Service
Contract MOU d_ate¢...July 25, 2019 executed between· Coslight Infra Company Private Limited
(''.Coslight Infra") ind Concept Engineers ("MOU"). A copy of the s id MOU has been recently shared
by Mr. Rajesh Srivastava with o0r staff Mr. Arup Chattaraj.
• The said MOU ·has been executed by M_r. Rajesh Srivastava withg4t any 91,Jthority 9f.the board of
directors bf Cosligfit Infra and is therefore· not t;,inding on·coslight Infra. Wii also wnderstand that Mr.
Ziaul Islam.an ex..:employee of the Coslight India Telecom ·Pri\Lqte Limited·is··a·partner in Concept
Engineers. It therefore appeqrs th_at together with the said partner, Mr: Sriv s.t,.§IV!:3has enterec;l into this
MOU contrary to the interest of the Coslight Infra in breach of his fiduciary 9plig trons towards Coslight
Infra. Not only has he entered into the MOU without authorisations, but he has·made·four remittances
from Coslightlnfra's bank account to the bank account of Concept Engineers·between August 2, 2019
and August 3, 2019 aggregating to an exorbitant amount of INR 5,77,44,000· (Rupees Five Crore
I
S v nty Seven Lakh Forty Four Thousand) 'as mobilisation advance anq first running bill payment L,mder
the said MOU which is very unusual and again, withdut authorisations. Therefore, it appears that Mr.
Srivastava has clearly abused his position as a director and acted against the interests of, C9slight Infra
and its majority shareholder, Coslight India Telecom Pri_vate Limited holding 99.67% equity interest in
Coslight Infra.
In view of the above, there is no binding and/ or subsisting obligation on Coslight Infra under the alleged
MOU. The said MOU is hereby determined. Concept Engineers is hereby Galled upon to forthwith return
the amount of INR 5,77,44,000 (Rupees Five c·rore Seventy Seven Lakh F9rty .Fol,.Jr Thousand) to
Coslight Infra. We also call upon you to immediately provide us with a copy of ·the partner hip deed of
Concept Engineers and details of all your bank account along with bank statemf?nts providin9 d tails of
where and how the amount received by Concept Engine'ers from Coslight lhfra has l;>e n routed and/ or
utilised.
This communication is without prejudice to the rights availableI

to Coslight Infra urider law, contract and
equity to initiate civil and criminal actions in relation to the MOU.
Regards
Zhqu Qing
CEO
Gaslight Infra Company Private Limited
https://mail.google.com/mail)u/O?ik=·20332723eP./1V. iP.w=nl.lt<:o:,,rh .;1,1• - ·- -_- , - ·-· •

C 3/11/2020 Actus Legal Mail - Fwd: Determination of Service Contract MOU
i) /JC,UJ..i {?IJ T' IJ». @,

Act1JS 1,-egal <[email protected]>
Fwd: Determination of Ser'(ice Contract MOU

. !
Ziaul Islam <[email protected]:> 11 March 2020 at 20:46

To: [email protected]
--- Forwarded message ---------

From: Ziaul Islam <[email protected]>
Date: Mon, Sep 2, 2019 at 2:41 PM
Subject: Re: Determination-of Service Contract MOU
To: zhou qing <[email protected]>
Cc: [email protected] <[email protected]>, shanhui <[email protected]>,
kganesan <kganesan@co:;;light.in>, <[email protected]>
Dear Sir,
Re Implementation of Out :ci"Gn:lng:Agre ment dated 25th July 2019 for providing After Sales Support Services on
Fixed Cost -•··
We refer to our discussions, had ih. your office on Aug 14th and Aug 31st with Mr. Arup Chattaraj regarding above
followec;l by your fra-iling mail, challenging the authority of your Promoter Director with a threat for legal
proceedings aga[r,_ t the MoU.
We hereby clarify your objections as follows in seriatim.
1. Authority of Mr. Rajesh Srivastava is well known to all in the m· rket-anc;lalso myself as an Ex
Employee of the company, we have no doubts to question his authority as·h
is _th·e Promoter Director
having adequate powers in day to day operations of the company. In case of.any confusion on your
e
induction with Coslight Infra·as a Director, you would have clarified with Mr; Rajesh Srivastava before
sending such letter to undersigned challenging th Decision of a Promoter Dire-c'tor who is on Board and
has clear mandate to run operations of the Company.
\
2. I strongly object to your statem nt accusing Mr. Srivastava and defaming Concept Engineers that
• Mol) is entered contrary to the interest of Coslight Infra in breach of fiduciary obligation . If you have any
issues among Directors, please take P the matter with concerned level of your company instead of
passing unwarranted statements against the MoU and also against our Firm, liluting the true spirits of
the MoU that Prioritize the After Sale_sSupport Services to your customers at a Fixed Cost.
3. The said MoU has already been circulateq_among the Coslight Team and Mr. Srivastava has
confirmed us that he has clarified about the strategy of this outsourcing arrangement on Aug through mails.
Mr. Rajesh Srivast?va Has clearly announced the strategic decision within the organization and copied t9
us. Enclosed mail ( sent on 1ith and 14th of Aug 2019 ) for your kind reference. R·egarding any
communication challenging his decisions can directly address to him, seeking clarific_ation instead of
passing your threats to your vendor.
4. At this point, it is premature to'explain the background and justify my Association with Con ept
Engineers as you are threatenJng us to\ face the legal,proceedings. Regarding our;.partnership Deed and
related documents of the company, the.same may kindly be collected from Mr. Rajesh Srivastava who has
executed this MoU, outsourcing·our services. Also he has informed us that he will clarify the matter with
concerned, in case of any objections which he said it is the internal matter of Coslight
5. Regarding Mobilization Advance, we want to clear that the same has to oe considered i:IS the part
MoU where the Advance Money is paid along with the Contract on Fixed Cos ·Basis to Mobilize the
Resources, Tools & Tackles in addition to establish required Administration to Set up to roll ovt the
operation on PAN India basis. This is usual practice in India as we need to ensure that adequate tec;1m is
mobilized at locatio·ns on PAN India to deliver on site services, especially for most demanding Telecom
Industry whose towers are located mainly at Remote are9s. •
https://mail.google.com/mail/u/0?ik=20332723ee&view=nt/1. "'"rr.h':::,ll nom,,meni..l: N-'0/.., h. ccnoo◄ ,,. ,.,.,., '""'"". "n-•- • • • n • ,,

' 3/11/2020 . ·r bV ) Actvs Legal Mail - F ?: Determinatjon of Service Con;ract·MOU
f;i. Regarding infor n receipts of payments, the details are available with Accounts Department
& with respective bankers as all the payments are made by different cheque as per terms and conditions
mutually agreed and documented.
7. You have,s nt vs a Letter of Threat, with9ut mentioning ab9ut Qur service ooligations whic;:h has no
meaning. Instead of this, the same would have been discussed with Mr. Srivastava and explore options to
take steps for enhancing the' level of services with Customers.
8. We have a valid contract with Mobilization Advance in hand which makes us liable for mobilizing our
st
resources to start the operati h .effecti e from 1 September 2019. Hence, I request you to discuss with
undersigned and share your requtre_ments to start the operations. • /
9. I also take this opportunity to inf'0rm you that the every day you delay in deploying our services will
be your additional cost and we have no other options but to keep our team idle without any·work but
charging the services cost as per qur agreement with Coslight.
I hope that we have clarified all the points up to your expectations and we request you depute the officer
concerned to share your service requirements and other documentations to control the operations as
appropriate to satisfy the Customers in order.
I will be reachin_g tQ_your office tc;>day ROSt lunch to discuss for further steps to enter-into operation as per
your contract. • • ••
In case of any more clarifications, we ar.e pieased to assist you, in case we don't get any more threat letter like
before. • • •
Thanking you
For Concept Engineers
9n Fri, Aug 30, 2019 at 7:54 PM zhou qing <[email protected]> wrote:

I Dear Mr. Ziaul Islam and Mr. Raj Kumar Arora,
I We refer to your email to Mr. Arup Chattaraj dated August 26, 2019 in·rE lation to certain Service
Contract MOU dated July 25, 2019 executed between Coslight Infra Company Private Limited
("Coslight Infra") and Concept Engineers ("MOU''): A copy of the said MOU has been recently
shared
i by Mr. Rajesh Srivastava with our staff Mr.- Arup Chattaraj.
i
l, The said MOU has been executed b/ Mr. Rajesh Srivastava without any authority of the board of
directors of Coslight Infra and is therefore not binding on Coslight Infra. We also un erstand that Mr.
Ziaul Islam.an ex-employee of the Cdslight India Telecom Private Limited·is a partner in Concept
ngineers. It therefore appears that together with the said partner, Mr._Srb.,_a_stava has entereo into
this MOU contrary to the interest of the Coslight Infra in breach of his fiduciary opligations
towards
i Coslight Infra. Not only has he entered into the MOU without authorisations, but he has made fol)r
; remittances from Coslightlnfra's bank c:1ccount to the bank account of Concept Engineers between
; August 2, 2019 and August 3, 2019 aggregating to an exorbitant amount of INR 5,77,44,000 (Rupees
: Five Crore Seventy Seven Lakh Forty Four Thousand) as mobilisation advance and first running bill
ipayment under the said MOU w ich is. very unusual and again, without authorisations...Therefore, it
.! appears that Mr. Srivastava has clearly abused his position as a director ·and acted against the
i interests of, Coslight Infra and its majority shareholder, Coslight India Telec.om Private Limited
!
holding ij9.67% equity interest in Coslight Infra..
I
! In view of the above, there is no binding and/ or subsisting obligation·on Co.slight Infra under the
I
! allegec;I MOU. The s'aid MOU is hereby determined. Concept Engineers is hereby callee;! upon to
l I • ' ' .'
forthwith return the am'ount of INR 5,77 ,4 4,000 ( R u pees Five Crore Se venty;Seven Lakh Forty Four
httos://mail.oooQle.com/mail/u/0?ik=20332723ee&view=ot&search=all(l.oermmsaid=msa-f%3A16608812 3774273940&dsot= 1&simol=msa-f%3A... 2/3
3/11/2020 ctus Legal Mail - Fwd: Determination of Service Contract MOU
! Thousand) to Coslight In also call upon you to immediately provide \,JS with a CQPY of the
partnership deed of Concept Engineers and details of all your bank account along with bank
statements providing details of where and how the mount received QY ConQept f;ngineers from
Coslight Infra, has been routed and/ or utilised.
This communication is witho\..ll prejuoice to the rights a\'ailable to Coslight Infra under law, contract
j and equity to initiate civil and 9riminal a;cti ns in rela'tion tQ the MOU. •
j •
' Regards
Zhou Qing
CEO.
i Cosli ht Infra Company Private Limited
!
'tB Gmail - Fw_ Outsourcing of Field Servi e Staff Qf Coslight lnfra.pdf

83K .
https://mail.google·.com/mail/1,J/0?ik=20332723ee&view=ot&searcli=;:ill nArmmc:nirl=m""·'0'- 'l 1J.1 e::i::noo◄ ..,,.,.,.,• ""'""'""-•- • • • •

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- 3/11/2020 Actus Legal Mail - FW: Mail
A<;tvs l,.egal <[email protected]>
FW: Mail
1 message
Ziaul Islam <zia@cor)ceptengs.com>'·,._ 11 March 2020 at 18:13

To: Actus Legal <[email protected]>• ••..
From: CONCEPT ENGINEERS [mailto:[email protected]]

Sent: 28 November 2019 16:32
To: [email protected]
Subject: Mail
Dear Sir,
You had deducted the following sums from our'payments towards TDS.
S.No.. Date Bill Amount TDS
(1) 01.08.201'9. 43200000.00 864000.00
(2) 02·.08.2019 7200000.00 144000.00
1008000.00
We have come to know that you have failed to deposit the said TDS amount as the amount is not reflecting in our
26.A.S.
You are requested to take a note of it and deposit the TDS.
Regards,
01 1
https://mail.google.com/mail/u/O?ik=20332723ee&view=pt&search=alf&oermthid=thre;u1 f¾:'IA1 nnnA71n1'!\0Q?"lnRA.n"IR..,1mnl:mM-' - e:e:no-.◄
IN THE H· GH URT OF DELHI AT EW DELHI
CO. N.
I.ANO. of 2020
IN
O.M.P (I) (COMM) NO. 18 OF 2020
.IN THE MATTER OF: .
COSLIGHT .INFRA PRIVATE LIMITED ...PETITIONER
VERSUS
M/S CONCEPT ENGINEERS & ORS. .. . RESPONDENTS
APPLICATION ON BEHALF OF RESPONDENT NOS. -1..TO 3 UNDER

SECTION 151 C.P.C FOR CONDONATION OF DELAY IN :Fl·LING. REPLY
TO THE PETITION UNDER; SECTION 9 OF THE ARBITRATION AND
CONCILIATION ACT, 1996
MOST RESPECTFULLY SHOWETH:
1. That the captioned matter is pending before this Hon' le Court and is
next listed on 24-03-2020.
2. That the matter was earlier··nsted on 27-01-2020 when this Hon'ble
Court issued notice of the petition to the Respondents and gran·ted four
weeks time for filing their reply.
3. That it is submjtt d that the reply could not be filed by ttie·Respondent
Nos. 1 to 3 within the stipulated period of four weeks and is being filed
on 16-03-2020. Thus, there has been a delay of 20 days.

4. That it is for this reason that the Respondent Nos. 1 to 3 have filed the
present applicatio seeking the kind indulgence of this Hon'ble Court to
condone the delay in-·filing the reply.
5. That it is submitted that the delay has occasioneo for the rec;3son that
some repair work was o ing done in the office of the Counsel for the
Respondent Nos. 1 to 3 in the month of February, 2020 and in this

-
process, the file pertaining to the captioned matter got misplaced.
6. That the file could be traced o'nly on 04-03-2020 and thereafter, the
Counsel invited the Respondent Nos. 2 and 3, partners of Respondent
No. 1 to his office for a discussion on the mc;:1tter and after receiving their
inputs, drafted the reply on 09-03.-2020.
7. That in the meanwhile, the Respondent No. 2 was .infected with
common cold/ flu from 08-03-2020 to 15-03-2020 and therefore, the
reply could not be fim lized. That upon recovery from his illness,
Respondent No. 2 came to the office of the Counsel along with the
Respondent No. 3 on 16-03-2020 and on the said date, the rep!y was
finali:z;ed, printouts were taken, signed and attested and filed in the
Registry of this H.on'ble Court.
8. That the delay of 20 days in filing the reply on behalf of Respondent
Nos. 1 to 3 is neither intentiona-l nor del-iberate and has occasioned

@
sol ly-.f9r the reasons as mentioned above which are wholly beyond the
control of the said Respondents. ,
.9. That in case the del·ay is not condoned and the reply is not taken on
record, the Respondent Nos. 1 to 3 shall suffer irreparc;3ble loss and
harm which cannot be remedied. The Respondent Nos. 1 to 3 have a
strong defence to r?Ut up against the claims of the Petitioner and are
mos li ly to suc·ceed_in th matter.
10. That the present application is genuine, made bonafide and in
th interest of justice.
PRAYER
It is, therefore, most respectfully prayed that this Hor')'l:)le. Court may be
pleased to:
(a) condone the delay of 2.0 days by Respondent Nos. 1,to 3 in filing the
accompanying reply;
(b) take the accompanying reply on record;
(c) pass such other or further order(s)/ direction(s) as may be deemed fit
and proper in the fa ts e8d circumstances of the case.

. or NCEPTENGINEE
(For and onPbaeWaff of RESPONDENT NO. 1)

(Ji)
RE$PONDENT NO. 3
·-... F,ILE0 THROLJGH:
ACTUS LEGAl. A$SOCIATES & AQVOGATES

1 t Floor, M-161/1, GL Hou$e, Near Gulmohar Commercial
Complex, G'a1,1tQm Nagar, New Delhi-110049
M: 9968954570, (0): 011-26520791
Email: qontact@act1,1slegal'.in
NEW DELHI·
DATED: \C •. 0. 2. L-e,
VJ
-,,J_N THE HIGH COURT OF DELHI AT- NEW DELHI
·lA NO. - of
2020 IN
O.M.P (l)(COMM) NO. 18-0F 2020
IN THE MATTER OF:
COSLIGH1 l _FRA PRIVATE LIMITED ... PETITIONER
VERSUS
MIS CONCEPT ENGINEERS & ORS....................................... RESPONDENTS
AFFIDAVIT
I, Nishant Kumar Srivastava, S/o Late Shri Shyam Sunder Prasad; aQed about
42 years, Advocate, having office at 1st Floor, M-161/1, GL:House, Near
Gulmohar Commercial Complex, Gaµtam Nagar, New Delhi-110049 do
hereby solemnly affirm and declare on oath as' under:
1. That being the counsel for the Respondent Nos. 1 to 3, I am competent
to swear the present affidavit.
2. That I have drafted the acconi.panying application on the instructions of
the Respondent Nos. 1 to 3 and I say that the facts stated therein are
true and correct to my knowledge.
3. That the contents of the accompanying application are.not repeated
here for the s ke of brevity and the same may be read as part and
parcel of the present affidavit.

DEPONENT
. VERIFICATION:
Verified at Delhi on this_ dqY of March, 2020 that the contents of the
above affidavit are true and correct to my knowledge, no part of it is false and
nothing material is concealed therefrom.
DEPONENT
@
.
.
• -._J_N TH HIGH COURT QF DELF:11 AT-NEW DELHI
-.I.A NO.....,..,.. - of 2020
IN
O.M.P (I) (CQl\;1M) NO. 18 OF 2020
IN THE MATTER OF:
CQSLIGHT INFRA PRIVATE LIMITED ..-.PETITIONER
VERSUS
MIS CONCEPT ENGINEERS & ORS. .. .RESPONDENTS
AFFIDAVIT
I, Ziaul Islam, son of Late Mr. Fakhrul Islam, aged-about 57 yei;)n . p· rtner of
M/s Concept Engineers having office at 301-305, Jyoti Bhawan; Mukh rji
Na9ar Commercial Complex, Delhi-110009, India do h reby solemnly affirm
and declare on oath as under:
2. That I have gone through the accompanying application which .is.drafted
by the counsel under my instructions and I say tl:tat the facts stated
therein are true and correct to my knowledge.
3. That the content - of the accompanying application are·not repeated
here for the sake of brevity and th_e same may be read as part and

DEPONENT l!3.,/
VERIFICATION:-_,,
Verified at Delhi on tqis day .Qf March, 2020 th.at th contents of the
above affidavit_.are true·-- nd correct to my knowled_ge, no part of it is

• ••·,.IN THE HIGH COURT OF DELHI AT. NEW O LHI
-.I.A NO. ................o...f 2020
IN
6.M.P (I):(COMM) NO. 18 OF 2020
IN THE MATTER OF:
COSUGHT l FRA PRIVATI; LIMITED ...PETITIONER
VERSUS
MIS CONCEPT ENGI_NEERS & ORS. .. . RESPQNQENTS
AFFIDAVIT
I, Raj Kumar Arora, son of Mr. Amar Nath Arora, aged about 49 y_ears, partner
of M/s Concept Engineers having office at 301-305, Jyoti Bh wan, Mukherji
Nagar Commercial Complex, Delhi-110009, India c;fo hereby solemnly affirm
and d clare on oath as under:
2. That I have gone through the accompanying application which is drafted
by the counsel under my instructions and I say that the facts stated
therein are true and correct to my knowledge.
3. That the contents of the accompanying application are not repeated
here for·the sake ·of brevity and the same may be;re'ad as pa.rt and

DEPONENT
®
VERIFICATION:·.,·
Verified at Delhi on··tqis day of March, 2020 that the contents of th.e
above affidavit..are true'··c;3nd correct to my knowledge, no part of it is
O PQNENT
IN THE HIGH COURT OF DELHI AT NEW DE HI
(ORDINARY ORIGINAi.. CIVIL JURISDICTION)

',
O.M.P·(I) (COMM) NO. 18 OF 2020
IN THE MATTER OF:.
COSLIGHT INFRA PRIVATE LIMITED ... PETITIONER
VERSUS
---- p
M/S CONCEPT ENGINEERS & ORS.. ... RESPONDENTS
• PROOF OF SERVICE
FILED THROUGH:
ACTUS LEGAL ASSOCIATES & ADVOCATES.

1st Floor, M-161/1, ·GL House, Near Gulmohar Commercial Complex,
Gautam Nagar, New Delhi-110049
M: 9968954570,(0): 011-26520791
NEW DELHI
DATED:
In the Hon ble High Court of Oelhi at New Qelhi
. O.M.P (I) (COMM) NQ.18 OF 2020
In the matter of: COSLIGHT INFRA PRIVATE LIMITED Plaintiff/Appellant(s)/Complainant
. . VERSUS
M/S CONC.EPT ENOIN&:ER$ & ORS.. .Defendant/RespondenVAccused
KNOW ALL to whom these present shall come that I, Ziaul Islam, son of L,;1t Sh. Fakhrul Islam
Partner of MIS Concept l;:ngineers H3ving Office At 301-300, Jyoti Bhawan, Ml,Jkherji Nagar
Commercial Complex, Delhi -110009·oQbehalf of M/s 9oncept Engineer, •1 Respondent no.1
do hereby appoint •
ACTUS LEGAL ASSOCIATES & ADVOCATE$
Nishant Kr Srivastava, Zachariah Jacob , Rajnish Kr Jha, Mukul Chandra
M Nos. 9810230791.9650339�24, 9968954570. 9810320470
st
OFFICE: 1 Floor, M-161/1. G.L.Ho'\,lse. n ar Gu mohar Commercial Complex.
Gautam Nagar, New Delhi-49. :{_i: Oll 26$ 079l
CHAMBER: 562. 5th Floor.-Lawyers l;3lock. Saket Co1,1rt Complex. New Oelhi-
17 Website: www.actuslega.l.in mail: [email protected]
[Herein after cal.led the Advocate (s)l to !;le my/ot,Jr Advocate (s) in the above-noted case and author
him/them. ••
To act, appear, plead in the above-noted case in the Court or in any other Court in which the same may
trie<Jor hear<;! and also in the appellate Courts inch,1ding High Court subject to payment of fees
separatelY: each court by me.
To sign, file, verify and present pleadings, replications, appeals, cross-objectioris or·petitions, for
executio,1s_... review, revision, restoration, withdrawal, compromise or other petitions, replies, objections
or affidavits, other documents as may be deemed necessary or proper for the prosecution of the said case
in all its stage, To file and take back documents. •
To withdraw or compromise the said case or submit to arbitration any differences or disputes that m yris·
touching or in any manner relating to the said case.
To take ovt execution proceedings.
To deposit, draw and receive moneys, cheques and grant receipts thereof an<;! to c;fo all at.her acts and thing:
which may be necessary to be done for the progress and in the course of the prosec1,1tion of these said case
--·- ::;-.- T"-"':t>point and instruct any other Legal Practitioner (s) / Consultant (s) authorizing him to exercise the powe;
, ,.,• ',:;, • • .. authority hereby conferred upon the advocates whenever they may think fit to do so and t9 sign th(-
, ·-- ''ii, . Ir
of attorney on my behalf.
.•.•'{ ·/(l!i;i./ !/We the undersigned do hereby agree to ratify and confirm the acts done by the Advocate (or his/thei,
: · ,'.,<l :.'·· itute in the matter as my own acts as if done by me to all intents and purposes.
/)e:j/1';;;, J- •,; \/We the l)_n ersigned undertake that I/We or my duly authorized a_gent would appear in co1,,1rt 01
i J--, }a·t :'-'- -.rgs and will inform the Advocate (s) for appearance, when the case IS called. ,
\r{ \ii·@·J=== '°' e the undersigned do hereby agree not to hold the Advocate (s) or his their substitute responsibl
,J:• ;: .t t J!- suit of the said case in consequence of his/their absence from the court when the said case is ci
0
:-- ._ . \ - hearing, or any negligence of the said Advocate (s) or his /their substitute. •.
0
ift /\ jti·{l;,i:we the undersigned, do hereby agree that in the event of the whole or any,par:tof the fee agrees
·:.:.·,.••.·.,1.·.•.;,·.·.··,.···,.i•.:·.·,·:·:i.i};
•• ..".;\ qe_paid to th_eAdvocate( ) ren:iaining unpaid,-he/they shall be entitled to withdraw from theprosec
f: r::_ :•:· > :- ·<: :-'' said case until the same 1s paid up. . . •
j:JL_ ?·(f,; '/ ·:- e hereby agree that once the fee i paid, I/we will not be entitled for the refund of the same in··
0 ":t .::<,:-- case whatsoever and if case prolongs for more than 3 years the original fee shall be paid again by·
·,.'
any costs are allowed·for an adjournment, the Advocate (s) would be entitled to-the.same. The fee: r,;; • •
only for the ab9ve case and court. • ,
WITNESS WHEREOF I/ db hereunto set my hand to these present, the contents of which h'.
derstood by me this day ofJ . 2020. }
cepted subject to the terms of the fees. • r - ,
N k\
VI \.( zit\ ... J
'l.&-,S&'"O \ "-:f-j For RS
Advocate(sf D 1.s<; J-i_f>iv Q Client
°IGID l/7
v.
olr o7q·1
qg\\J
5
::.
In the Hon ble Migh Court of Delhi at Ne.w Delhi

O.M.P (I) (COMM) NO.18 OF 2020
In the matter of: COSLIGHT INF A PRIVATE LIMITEO ' Plaintiff/Appellant($)/Complainant
., VERSVS
M/$ CONCEPT ENGIN E;RS & ORS. .O fendant1Resp9ndenVAccused
KNOW AL to whom these present shell come thc1t I, 2'.iaul Islam, son of Late $h. Fakhrul Islam
Partner of MIS Concept Engineers Having Office At 301- 05, Jyoti 1;3hawan, Ml,lkherji Nagar
Commercial Complex, Delhi -110099 Respondent no.2 do hereby appoint
'ACTl,J$ 1,.EGA ASSOCIATES & ADVOCATES

Nishant Kr Srivastava, ZachariahlJacob , Rajnish Kr Jha; Mukul Chandra
M Nos. 9810230791. 9650339S24, 9968954S70. 9810320470
st
OFFlQE;: 1 Floor. M-161/1. G.J;i.Hoµse. ne r G1,1lmohar Commercial Complex,
Ga'lJ.tam.Nagar. New Delhi-49. I,: 011 652979],
CHAMBER: 562. 5th Floor. Lawyers !Hock. Saket Court Complex, New ;Delhi-17
Weqsite: www.a6tuslega1.in Etmail: gQn act@_actusleQ:al.in
[Herein after called the Advocate (s)] to be my/our Atjvocate (s) in the above-noted cas ;3nd a\JtMorize
. him/them. . •· • • •• :
To act, appear, plead_in the above-noted cape in the Court or in any other Court in w.hich the same may b
tried or heard and·also in the.appellate Courts including High Court subject to 1:1ayment of fees ?eparately for:
each court by me.• •
To sign, file, verify and present pleadings, replications, appeals, cross-objections or petitions, for executions;
review, revision;:restoration, withdrawal, compromise or other petitions, replies, ot;?j°ections or affidavits or
other documents as may be deemed necessary or proper for the prosecution of the said- ase in all its stages·
To file and tak ·back oocuments. • . _:
To withdraw or compromise the said case or submit to arbitration any differences or disputes that may arise
touching or in any mar.mer relating to the said case. • • •
To take out execution proceedings. .
To deposit, draw and reGeive moneys, cheqL;Jes and grant receipts thereof and to dco!ll. otper acts and thing!
which may be necessary to be done for the progress and in the course of the prosecutic;m of-the e said casef
To appoint and instruc;t any other Legal Practitioner (s) / Consultant (s).authorizing hir:n to:e)(ercise fhe pow6
anf;l authc;>rity hereby conferred upon the advocates whenever they may think fit to·do so and to sign th:
power of attorney on my behalf. • :
And I/We the undersigned do hereby agree to ratify and confirm the acts done by the Advocate (or his/the;
substitute in the matter as my own acts as if done by me to all intents and purposes. :
And I/We the undersigned L.mdertake that I/We or my duly authorized agent would appear in coyrt on ?
hearings and will inform the Advocate (s) for appearance, when the case is called. . . :.!~ _• ._
And I/We the undersigned do hereby agree not to hold the Advocate (s) or his their substitute responsible !:/f:.·. :
th result of the said case in consequence of his/their absence from the court when the said case is call1f.. .. ·•·•. • z'
up for hearing, or any negligence of the said Advocate (s) or his /their substitute. 'A ..... ·,-
5 ·.
And I/we th undersigned, do hereb_yawee that_ in the event of the w ole or a y part of the fee agreed/;· •
me to be paid to the Advocate (s) remaining unpa1d,.t1e/they shall be entitled to withdraw from the prosecut! :.·,... .. :
tfll:)
8, Ally.,
of the said case until the same is paid up.. . . . . : :fai;f O l
N\
And I/We hereby agree that once the fee 1s paid, I/we will not be entitled for the refund of the same m c:, ;;.Si=;'." ;;i
case whatsoever and if case prolongs for more than 3 years the original fee shall be paid·.again by'me/u ? g:;;f'i{m.
any costs are allowed for an adjournment, the Advocate (s.) w.o,u,l d;- A er.it tl 9it@:ih. .Jjl :/ e! _e_;;0 · _ :· ..
• 1
only for the above case and court. .. .y1 ... •-· --..-- <- \?:_: --?> ·'"'•-·· ; / . ,._ ·; _ _...,(: ·"'
IN WITNESS WHER_E°{Ee db hereunto set my hand t :· :· :':.: \'. ;:- :-2 • - , \o:; 'i 11
Q,,A ,.., 9i Io 's ?Olf? 0

"'I\ s-<W\ 001<7i \ 7
...v a,o'v
•
In the Hon ble High Court of Delhi at New Delhi
1
O.M.P (I) (COMM) NO.18 OF 2020

In the matter of: COSLIGHT IN.F, A PRIVATE LIMITED ' Plaintiff/Appellant(s)/Complainant
•• VERSUS
MIS CONCEPT ENGINEERS & ORS. .Defendant/Respondent/Accused
KNOW ALL to whom these present sh.all come that I, Raj Kumar Arora; son of Mr. Amar Nath
Arora, aged·about 49 years, partner of M/s Concept !::ngineers having office at 301-305, Jyoti
Bhawan, Mukherji Nagar Commercial Complex, Oa!hi-110009on behalf of M/s Concept
Engineers / Respondent no.3 do hereby:appoint •
ACTUS LEGAL ASSOCIATl;$ & AOVOCA Tl;S
Nishant Kr Srivastava, Zachariah Jacob , Rajnish Kr Jha, Mukl,11 Chandra
M Nos. 9810230791, 9650339524. 9968954570, 9810320470
st
OFFICE: 1 Floor: M-161/1. G.L.Ho1J e. near Gulmohar Commercial Complex.
Gautam Nagar, New Delhi-49. L: Oll 26520791
CHAMBER: 562, 5th Floor. 1·awyers Block, Saket Court Complex. New Delni-17
Webai e: www.actuslegal.in Email: c. .ont,act.@actusle. gal.in
[Herein after called the Advocate (s)] to be.my/our Advocate (s) in the above-noted case ancj a1,Jthorit
him/them. . ..··•• ..• . • ·
To act, appear, plead.in the above-noted case in the Court or in any other Court in which the same may t
tried or heard an·d·;:1Iso in the appellate Courts inch,iding High Court subject to payment of fees
separately f: each cot,Jrt by me.
To sign, file, verify and present plea<;lings, r plications, appeals, cross-objections or petitions, for
execution::., review, revision, restoration, withdrawal, compromise or other petitions, replies, obj ctions or
affidavits. other documents as may be deemed necessary or proper for the prosecution qf the S?3id case in
all its stage:
To file and take back c;locuments. • - . • '
To withdraw or compromise the said case qr submit to arbitration any differences on;lisputes that may
arif touching or in any manner relating to the said case.
To take out execut[on proceedings.
To c;leposit, draw and receive moneys, cheques and grant receipts thereof and to do all.other acts and
thin which may be necessary to be done for the progress and in the course of the prosec;:1,Jtio·nof these
said case To appoint and instruct any other Legal Practitioner (s) / Consultant (s) authorizing him
toxercise·the pow: anf,l authority hereby conferred upon the advocates whenever they may think fit to do
so and to sign tr, power of attorney on my behalf. .
And I/We the undersigned do hereby agree to ratify and confirm the acts done by the Atjv9cate (or his/thf;
■
..... _-;--i ., .• -- ,litute in the matter as my own acts as if done by me to all intents and purposes.
,,'.)::--=; "I/We the undersigned undertake that I/We or my duly authorized agent woµld appear in court Oi,:.,·..,,.,. -"----
:,;/:'::! 'r,gs and will inform the Aovocate (s) for appearance, when.the case is called. '-"-
, ',{b,{, -;; (Wethe undersigned do hereby agree not to hold the Advocate (s) or his their substitute responsiblx· · ·. ,
:;.
-•·k.,-'.,:)sult of the said case in consequence of his/their absence from the court when the said case is c '.}iEE •. 2 ,
;-:, hearing, or any negligence of the said Advocate (s} or his /their substitute. G;;;;;;,..
'·, .,·:=c=::,..., 012•0' ..
nr
:_ h :,lwe the undersigned, do hereby agree that in the event of the whole or any part of the fee agre/',,_]J_j _
, ft:A''f§,q;., ::,, ,, ;; b_ep a i d to th_eAdvocate ( ) ren:,aining unpaiq, he/they shall be entitled to withdraw from the prosec ,;
.;///}t3l;,.',;_; i}i i said case until the same Is paid -up. . . . . . . . . ·-o. . lil 8'§3: N,,·.
·.:)¥67-_;:i:H!?:'i ..1-, 1('/'!e hereby agre_e that once the fee I.s paid, I/we will not bet1tlE;d}?!Jhe ref oUh,e,; a: -jf;:i:iiii!iii:,- .,.
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':4V: ._'.:· ·;{\ J :' i josts are allowed for an adJournment, the Advocate (s) would be t C. t:) ,;\;
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--- IN THE HIGH COURT OF QELHI AT NEW DEL I.

(ORDINARY ORIGINAL CIVIL JURISDICTION)

O.M.P (I) (COMM) NO. 18 OF 2020

IN THE MATTER OF:

COSLIGHT INFRA PRIVATE LIMITED ...PETITIONER

MIS CONCEPT ENGINEERS & ORS. .. .

S.NO. PARTICULARS PAGE NO.

1. REPLY ON BEHALF OF RESPONDENT NOS. 1 TO i- 31

2. AFFIDAVIT OF MR. ZIAUL ISLAM, PARTNER OF

M/S CONCEPT ENGINEERS·uNDER ORDER 11 32.. - 35

CONDONATION OF DELAY IN FILING REPLY

ACTUS LEGAL ASSOCIATES & ADVOCATES

(OROIN)\RY ORIGINAL CIVIL JURISDICTION)

O.M:P (I)·(COMM) NO. 18 OF 2020

IN THE MATTER OF:

COSLIGHT INFRA PRIVATE LIMITEO ...PETITIONER

M/S CONCEPT ENGINEERS & ORS. ... RESPONDENTS

REPLY ON BEHALF OF RESPONDENT NOS. 1 TO 3 TO THE PETITION

MOST RESPECTFULLY SHOVVETH:

the following preliminary submissions and objections.

A. PRELIMINARY SUBMISSIONS AND OBJECTIONS:

1. The present petition filed under Section 9 of the Arbitration and

Petitioner to the ·Respondent No. 1 as mobilization advance and first

month charges in·· t rms of the Service Contract Agreement ("SCA")

objective to outsource service operations of the Petitioner on a pan

India basis to the Respondent No.1.

Respondent Nos. 2 and.3 and has the necessary expertise to execute

services related to installation, commissioning and repairing of battery

3. Sometime in July, 2019 the Respondent No. 1 through its partners

approached the Respondent No. 4, Promoter Director of ·the Petitioner

and offered to outsource the service operations of the Petitioners to it

Petitioner and accordingly, the SCA dated 25-07-2019 came to be

executed between the Petitioner and the Respondent No.1. A copy of

the Service Contract Agreement dated 25-07-2019 is enclosed ith the

List of Documents filed herewith as Document No.1.

following services to the Petitioner on a pan India basis:

and non-warranty related and breakdown services at Petitioner's

customer sites··o( battery installations.

(b) one Service Engineer to be responsible to attend maximum 6-8

complaints per week depending upon geographical locations.

(d) undertaking site visits for troubleshooting, repair, removal and

installation of spares, testing of installed Li-ion and VRLA battery

modules and Central Battery Management Systems.

5. Farther, the Respondent No. 1 was required to employ and deploy

experienced staff under the guidance of the Petitioner at various

designated places to serve the •Petitioner's designated sites and

manage the Petitioner's service network. The maximum number of

6. In lieu of the services fo be provided by the Respondent No. 1, the

applicable taxes to the Respondent No. 1 every month: This

consideration was to include all expenses related to(a) salary and

allowances, employee insurance and other statutory payments related

to payroll (b) telephone and communication expenses of service

7. In order to enable·the Re$pondent No. 1 to make the nece$Si:lry

arrangements .and mQbilise the staff and equipments·on signin of th

SCA, the Petitioner agreed to pay a mobilization advance equivalent to

6 month's charges plus all applicable taxes. This ·amount was

$. The Respondent No. 1 was to start the servic s from 01-09-2019. On

sites to the Respondent No. 1 before the designated d te and 6;Xtend

necessary cooperation and support to the Respondent No. 1 to enable