Telangana High Court M/D Deccan Power Products Pvt Ltd., ... vs M/S Hyderabad Metro Water Supply And ... on 4 September, 2024 *** CIVIL MISCELLANEOUS APPEAL No.310 of 2015 Between: M/s. Deccan Power Products Pvt. Ltd Appellant VERSUS M/s. Hyderabad Metro Water Supply and Sewarage Board and Others Respondents JUDGMENT PRONOUNCED ON: 04.09.2024 THE HON'BLE SRI JUSTICE P.SAM KOSHY AND THE HON'BLE SRI JUSTICE N.TUKARAMJI 1. Whether Reporters of Local newspapers may be allowed to see the Judgments? : Yes 2. Whether the copies of judgment may be marked to Law Reporters/Journals? : Yes 3. Whether His Lordship wishes to see the fair copy of the Judgment? : Yes __________________ P.SAM KOSHY, J Page 2 of 23 * THE HON'BLE SRI JUSTICE P.SAM KOSHY AND THE HON'BLE SRI JUSTICE SAMBASIVARAO NAIDU + CIVIL MISCELLANEOUS APPEAL No.310 of 2015 % 04.09.2024 # Between: M/s. Deccan Power Products Pvt. Ltd Appellant VERSUS M/s. Hyderabad Metro Water Supply and Sewarage Board and Others Respondents ! Counsel for the Appellant : Mr. A.Venkatesh, learned Senior Counsel assisted by Mr. Sathakarni K. ^Counsel for the Respondents : Mr. G.Narender Reddy, learned Standing Counsel for HMWS & SB. <GIST: > HEAD NOTE: ? Cases referred 1) 1978 (4) ALR 682 2) (1989) 4 SCC 671 3) (1987) 4 Supreme Court Cases 217 4) 2023 SCC OnLine SC 1378 5) 2021 (224) AIC 18 6) Order dated 12.02.2024 in Writ Petition No.1603 of 2023 7) Order dated 18.01.2023 in Writ Petition No.38797 of 2022 Page 3 of 23 8) (2005) 9 SCC 129 9) 2021 SCC OnLine SC 3436 10) (2021) 19 Supreme Court Cases 206 11) Order dated 12.05.2022 in Writ Appeal No.56 of 2022 12) 2024 SCC OnLineJhar 184 13) Order dated 12.11.2019 in Writ Petition No.24112 of 2016 14) 2014(3) SCC 502 Page 4 of 23 THE HONOURABLE SRI JUSTICE P.SAM KOSHY AND THE HONOURABLE SRI JUSTICE N.TUKARAMJI CIVIL MISCELLANEOUS APPEAL No.310 of 2015 JUDGMENT: (per the Hon'ble Sri Justice P.SAM KOSHY) Heard Mr. A.Venkatesh, learned Senior Counsel assisted by Mr. Sathakarni K, learned counsel for the appellant and Mr. G.Narender Reddy, learned Standing Counsel for HMWS & SB appearing for the respondents. 2. Aggrieved by the order dated 27.12.2014 passed by the X Addl. Chief Judge, City Civil Court at Hyderabad (for short the 'Court below') in Arbitration O.P. No.1212 of 2013, the instant appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter the 'Act of 1996') has been filed by the appellant. 3. The questions of law to be decided in the instant appeal are: 1. Whether noncompliance of Section 18(2) of the Micro, Small and Medium Enterprises Development Act, 2006 (hereinafter the 'Act of 2006') would vitiate an award passed? Page 5 of 23 2. Whether the provisions of Section 18, particularly SubSection (2) of the Act of 2006, is a mandatory provision or not? 4. The facts relevant for adjudication of the present dispute are that respondent No.1 herein i.e. M/s. Hyderabad Metro Water Supply and Sewerage Board had invited tenders from the manufacturers of Water Meters / Authorized Dealers / Agencies for the work of supply, fixing and maintenance of 1000 Nos. of 15 mm dia single jet water meter confirming to ISO 4064 ClassB and maintenance of existing working meters for a period of three years each under O&M Divisions. The committee constituted for finalization of the tender rec