Annpara Section 11

A.P No.
______ of 2022 IN THE HIGH COURT AT CALCUTTA

ORIGINAL COMMERCIAL JURISDICTION
ORIGINAL SIDE
A.P No. ______ of 2022
IN THE MATTER OF:
Zillion Infra Projects Private Limited …Petitioner
Versus
Bharat Heavy Electricals Limited ...Respondent
MASTER INDEX
INDEX-I
S. No. Particulars Pages
1. Index
2. Notice of Motion
3. Urgent Application
4. Synopsis and List of Dates and Events
5. Petition under section 11 of The
Arbitration And Conciliation Act, 1996
(as amended) for constitution of an
Arbitration Tribunal for adjudication of
the disputes having arisen between the
Petitioner and the Respondent along with
supporting
Affidavit.
6. Statement of Truth
7. Court fees
8. Court fees for process fees
10. Affidavit of Service alongwith proof of
Service.
INDEX-II
1. Index
2. Application on behalf of the Petitioner
under Section 151 of the Code Of Civil
Procedure, 1908, for Exemption from
filing Certified copies/original of
annexures/documents and from filing
typed/legible copies of dim/illegible
annexures, along with supporting
Affidavit
INDEX-III
1. Index
2. Vakalatnama
INDEX-IV
Document P- Respondent Photo Petitioner &
22(Colly.) copy Respondent
Copies of the Email
dated 14.03.2015
Document P-23 Respondent Photo Petitioner &
Copy of the Letter copy Respondent
dated 17.03.2015
dated 03.04.2015
dated 14.07.2015
dated 01.08.2015
dated 14.08.2015
dated 11.06.2016
Document P-29 Petitioner True copy Respondent
Copy of the Letter to Petitioner
dated 30.09.2016
Copy of the Letter to Petitioner
dated 04.04.2018
Copy of the E-mail to Petitioner
dated 05.04.2018
Copy of the Receipt to Petitioner
Voucher No. 20,
dated 03.06.2019
Copy of the Polite copy Respondent
Reminder dated
12.10.2020
(Colly.) copy Respondent
Copy of the Legal
Notice dated
15.07.2021
alongwith Postal
Receipts and
tracking Reports
(Colly.) to Petitioner
Copy of the Reply
dated 21.07.2021
along with
annexures
Document P-36 Respondent Photo Respondent
Copy of General copy
Conditions of
Contract
THROUGH
DEEPALI SAIGAL
AMC Law Firm
Advocates and Solicitors
Counsels for the Petitioner
B-30, LGF, Lajpat Nagar-III,
New Delhi-110024
Phone.- 011-41354354
Email- legal.zillion@amclawfirm.com
Place: Calcutta
Date:
IN THE HIGH COURT AT CALCUTTA

ORIGINAL SIDE
A.P No. ______ of 2022
IN THE MATTER OF:
Versus
INDEX-I
1. Index
2. Notice of Motion
3. Urgent Application
4. Synopsis and List of Dates and Events
5. Petition under section 11 of The
Arbitration And Conciliation Act, 1996
(as amended) for constitution of an
Arbitration Tribunal for adjudication of
the disputes having arisen between the
Petitioner and the Respondent along with
supporting
Affidavit.
6. Statement of Truth
7. Court fees
8. Court fees for process fees
10. Affidavit of Service alongwith proof of
Service.
THROUGH
DEEPALI SAIGAL
AMC Law Firm
New Delhi-110024
Phone.- 011-41354354
Place: Calcutta
Date:
IN THE HIGH COURT OF CALCUTTA
ORIGINAL SIDE
A.P No. _________ of 2022
IN THE MATTER OF:

Versus
NOTICE OF MOTION
Sir,
The enclosed Petition in the aforesaid matter is being filed on behalf of the
Petitioner and is likely to be listed on ____._____.2022 or any date, thereafter as
per convenience of the Hon’ble Court.
THROUGH
DEEPALI SAIGAL
AMC Law Firm
New Delhi-110024
Phone.- 011-41354354
Place: Calcutta
Date:
ORIGINAL SIDE
A.P No. _________ of 2022
IN THE MATTER OF:

Versus
URGENT APPLICATION
To,
The Registrar,
The High Court of Calcutta.
Sir,
Kindly treat the accompanying Arbitration Petition as urgent in accordance with
High Court Rules and Orders and list the same before the Hon’ble High Court on
____._____.2022. The Grounds of urgency are as prayed for in the prayer in the
accompanying Petition.
THROUGH
DEEPALI SAIGAL
AMC Law Firm
New Delhi-110024
Phone.- 011-41354354
Place: Calcutta
Date:
ORIGINAL SIDE
A.P No. ______ of 2022
IN THE MATTER OF ARBITRATION:
Zillion Infraprojects Pvt. Ltd.

………………. Petitioner
Versus.
Bridge & Roof Co. (India) ltd.
………………. Respondent
BRIEF SYNOPSIS
1. That the Respondent Bridge & Roof Co. (India) Ltd. had published a Notice for
Inviting Tender No: B&R/ERE/70911/BLR/SC-T-01 dated. 24.08.2010 for
engaging for the work of Erection, testing, commissioning & trial operation of
boiler auxiliaries for unit no. 6 of Anapara-D at Thermal Power Plant of 2*500
MW units (Unit 6 & 7) of Upruvnl at Anpara, Sonebhadra, U.P of M/s. Indian Oil
Corporation ltd.
[2.] On07.09.2010 the Petitioner submitted its offer vide letter bearing No.
DCPL/B&R/597/SNP/2010-2011. Pursuant to submission of offer the respondent
accepted it on 06.10.2010 and issued an LOI bearing no.
B&R/ERE/70911/BLR/SC-TOITO1/LOI. A contract was awarded to the
Petitioner forRs. 34,63,02,000/- (Rupees Thirty Four Crores Sixty Three Lakhs
Two Thousand Only).
[3.] That as per clause 72.2 of Special Conditions of Contract (SCC) the time limit for
completion of contract was 23 months from the scheduled date of start of
workLOI i.e 06.10.2010. when LOI was awarded uptil 06.09.2012Thus the
contractual completion date was 05.09.2012.
2.[4.] That during the term of the contract the Petitioner raised out several issues they
were facing during the execution of contract &duly informedthe Respondent about
the same and it was clearly mentioned that the execution of the project got delayed
due to these factors. However, no attention was raised by the complaints/issues
raised by the Petitioner.
[5.] That there was an inordinate delay of total ____ 847 days in completion of the
above awarded project and the same could only be completed by
_________________ 31.12.2014 as already corroborated by the respondent in its
completion letter dated ____________ 25.04.2015 issued to the Petitioner.
3.[6.] That the reasons for the aforesaid inordinate delay are solely attributable to the
respondent on account of delay in providing requisite materials, non-availability of
fronts and failure with regard to release of timely payments against bill raised.
4.[7.] That due to the aforesaid inordinate delay the petitioner had to incur huge
expenses in keeping its resources still at site till the completion of work. Petitioner
lost out several business opportunities where the Petitioner could have earned
revenue by deploying the same resources elsewhere in business.
5.[8.] Also, the petitioner on the basis of work performed raised several running bills
to the Respondent in accordance with terms and condition of contract seeking
payment of outstanding, reimbursement and cost of delay due to causes solely
attributable to the Respondent. However, the Respondent did not release the
pending payment of the Petitioner on various pretexts.
[9.] On ___________ 25.04.2015 the Respondent issued completion certificate to the
Petitioner.
[10.] On ___________ 21.08.2020 the Respondent made payment of Rs. ________
1,21,74,269/- to the Petitioner.
[11.] On ___________ 03.08.2020 the Respondent issued TDS certificate for the
financial year _______ 2020-21 for _______________ work done by the
petitioner.
[12.] On ____________ 22.06.2019 the Respondent released bank guarantee in the
favor of Petitioner.
6. On 08.03.2021 & 28.10.2021 the petitioner demanded from the respondent to
refund an amount of Rs. 44,10,298/- wrongfully kept on hold against BOCW Cess.
7.[13.] That on 28.12.2021 notice under section 21 of Arbitration and Conciliation
Act 1996 was issued by the advocate of the Petitioner while invoking Arbitration
agreement as contained in the clause 41 of General Conditions of Contract
executed between the parties herein. The said notice was sent by blue dart vide
consignment No. ED052790471IN; ED052790701IN; ED052790692IN &
ED052790689INwhich were duly served to the Respondent on 31.12.2021
respectively. On 28.12.2021 the counsel of the Petitioner have also sent the said
legal notice to the Respondent via e-mail.
8.[14.] The Petitioner is therefore seeking appointment of an arbitrator to adjudicate
the disputes that arose between the parties.
ORIGINAL SIDE
A.P No. ______ of 2022
DATE EVENT
13.11.1964 The Respondent/Bharat Heavy Electricals

Limited (hereinafter referred to as “BHEL”), is
incorporated and a registered Company engaged
in design, engineering, construction, testing,
commissioning and servicing of a wide range of
products and services.
19.03.1986 The Petitioner/Zillion Infra Projects Private

Limited (hereinafter referred to as “ZIPL”),
erstwhile M/s Durha Constructions Private
Limited (in short “DCPL”), is incorporated and
a registered private entity engaged in executing
civil and mechanical works involving on-site
fabrication & Erection of structural steel;
piping; Erection of Heavy Machinery &
Equipment, Electrical and Instrumentation
work; Building & Civil Foundations.
ORIGINAL SIDE
A.P No. _________ of 2022
IN THE MATTER OF:

Versus
MEMO OF PARTIES
Zillion Infra Projects Private Limited
5th Floor, Anushka Shopping Mall, Plot No.2
Garg Trade Centre,
Sector 11, Rohini, New Delhi-110085
E-mail: legal.zillion@amclawfirm.com
Mobile: 9999669111 …..Petitioner
VERSUS
Bharat Heavy Electricals Limited

BHEL HOUSE
Siri Fort, New Delhi-11 ...Respondent
THROUGH
DEEPALI SAIGAL
AMC Law Firm
New Delhi-110024
Phone.- 011-41354354
Place: Calcutta
Date:
A.P No. _________ of 2022

ORIGINAL SIDE
A.P No. _________ of 2022
IN THE MATTER OF ARBITRATION:
Zillion Infraprojects Pvt. Ltd.

………
………. Petitioner
Versus
Bridge & Roof Co. (India) ltd.
………
………. Respondent
PETITION UNDER SECTION 11(6) OF THE ARBITRATION &
CONCILIATION ACT 1996 AND (AS AMENDED) FOR THE
CONSTITUTION OF ARBITRATION TRIBUNAL FOR THE
ADJUDICATION OF DISPUTES THAT HAVE ARISEN BETWEEN THE
PETITIONER AND RESPONDENT.
To,
The Hon’ble Chief Justice of high court of Calcutta and other companion judges
of thisHon’ble High Court.
The Petitioner named above most respectfully submits as under:
1. PROVISION UNDER APPLICATION UNDER SECTION 11 OF THE ARBITRATION

WHICH AND CONCILIATION ACT 1996.
APPLICATIONIS
FILED.
2. NAME OF THE Zillion Infra Projects Pvt. Ltd. under Corporate Insolvency
PETITIONER WITH Resolution Process.
COMPLETE 5th Floor, Anushka Shopping Mall, Garg Trade Centre, Sector-11,
ADDRESS Rohini, New Delhi- 110085.
Telefax: 91- 11127574505.
E-mail id : legal.zillion@amclawfirm.com
3. NAME OF THE Bridge & Roof Co. (I) Ltd.
OTHER PARTY TO Kankariacentre, (5th Floor) 2/1, Russel street Kolkata- 700071, West
ARBITRATIONWIT Bengal, India.
H COMPLETE Phone : 91(033) 2217- 2108/2274/2275/2276.
ADDRESS Fax: 91(033) 2217/2106/4519.
E-mail id:
rakhee.kar@bridgeroof.co.inmumbai.mech@bridgeroof.co.in
4. NAME(S) AND N.A
ADDRESS(S) OF THE
ARBITRATORS, IF
ANY ALREADY
APPOINTED BY THE
PARTIES.
5. NAME AND N.A

ADDRESS OF THE
PERSON OR THE
INSTITUTION, IF
ANY, TO WHOM
ANY FUNCTIONHAS
BEEN ENTRUSTED
BY THE PARTIES
TO THE
ARBITRATION
AGREEMENT
UNDER THE
APPOINTMENT
PROCEDURE
AGREED
UPON BY THEM.
6. QUALIFICATION, N.A
REQUIREMENTS, IF
ANY OF THE
ARBITRATOR BY
THE AGREEMENT
OF THE PARTIES.
7. A BRIEF WRITTEN A brief statement of facts andgeneral nature of dispute is detailed in

STATEMENT Para 1 to 14.
DESCRIBING THE
GENERAL NATURE
OF THE DISPUTES
AND THE POINTS
AT ISSUE.
MOST RESPECTFULLY SHOWETH:-
1. That the present petition is being filed under section 11 of the Arbitration &
Conciliation Act 1996, (as amended) for the appointment of an arbitrator to
adjudicate the disputes between the parties arising out of and/or in connection
with the contract for Erection, testing, commissioning and trial operation of
boiler auxiliairies.
2. That in view of the order dated. 05.02.2019 passed by the Hon’ble National
Company Law Tribunal the Corporate Insolvency Resolution Process of the
Petitioner has been initiated. A photocopy of the order dated 05.02.2019 passed
by the Hon’ble National Company Law Tribunal is annexed hereto and marked
with letter “A”. Mr. Harish Taneja was appointed as Interim Resolution
Professional and later the said Interim Resolution Professional was appointed
as the Resolution Professional on 22.04.2019.The Present petition is being
filed by Mr. C.S Saxena who is the Authorized representative of the said
resolution professional pursuant to the minutes of 12 th meeting of Committee
of Creditors (COC) dated 09.12.2019 and who is duly authorized to sign,
verify & institute arbitration proceedings on behalf of the Petitioner. Copy of
minutes of 12th meeting of the Committee of Creditors dated. 09.12.2019 is
annexed hereto and marked with letter “B”.
3. That earlier the petitioner was known as M/s. Durha Components Pvt. Ltd. (in
short “DCPL”), a company incorporated under the provisions of Companies act
1956 and having its registered office at 5th Floor, Anushka shopping mall, Plot
No. 2, Garg Trade Centre, Sector-11 Rohini, New Delhi-110085 having
engaged in erection, testing and commissioning and trial operations of boiler
auxiliaries.
4. The Respondent Company is engaged in the business of design, engineering,
testing, commissioning and servicing of wide range of products and services.
5. That the brief facts relating to filing of present petition are as follows:
a) That the petitioner has published a notice inviting tender No.
B&R/ERE/70911/BLR/SC-T-01 for inviting offer to engage in work
erection, testing, commissioning & trial operation of Boiler auxiliaries
of Anpara Project. A photocopy of the said Notice for Inviting Tender
published by the Respondent alongwith Special conditions of contract
and General conditions of contract are annexed hereto and collectively
marked with letter “C”.
[b)] That on 07.09.2010 the petitioner has submitted its offer vide no.
DCPL/B&R/ 597/SNP//2010-2011 (in short “offer”) to the Respondent.
Thereafter a meeting was held on ___________ by and between the
Petitioner and the Respondent at the registered office of the __________
at ____________.
b)[c)] Consequently, the Respondent accepted the offer of the Petitioner.
c)[d)] That on 06.10.2010 pursuant to the offer of Respondent the Letter of
Intent (in short LOI) being no. B&R/ERE/70911/BLR/SC-TOI/LOI
was issued to the Petitioner for the work for the contract value
amounting to Rs. 34,63,02,000/- ( Rupees Thirty Four Crores Sixty
Three Lakhs Two Thousand Only). A photocopy of letter of Intent
dated. 06.10.2010 is annexed hereto and marked with letter “D”.
d)[e)] That on 03.12.2010 the respondent issued work order bearing no.
B&R/PCD/70911/LCF-812/WO/1864 to the Petitioner for the work of
Erection, testing, commissioning & trial operation of Boiler auxiliaries
of Anpara Project of M/s. Indian Oil Corporation Ltd. A photocopy of
work order dated. 03.12.2010 is annexed hereto and marked with letter
“E”.
e)[f)] That as per clause 72.2 of Special Conditions of Contract (SCC) the
awarded work was to be completed within 23 months of LOI
i.e06.10.2010 and was scheduled to be completed on or before
06.09.2012. A photocopy of clause 72.2 of Special Conditions of
Contract (SCC) of the contract is annexed hereto and marked with letter
“F”.
[g)] That on ____________ the Petitioner issued letter to the Respondent
for extension of time. As per the letter the competent authority of IOCL
approved this extension of time from __________ to ___________
without any price adjustment. A photocopy of letter dated _______ is
annexed hereto and marked with letter “G”.
[h)] That the respondent has kept on hold Rs. _ ________________to be
payable to the Petitioner.
[i)] That during the performance of the said project the Petitioner from time
to time has raised several issues through its letters and personal meeting
with the officials of the Respondent including non-availability of
_________________________ fronts & material and it was clearly
mentioned that the completion of the project got delayed due to these
reasons.
[j)] That it is clearly evident from the account statement of the Petitioner
that the last payment was credited in its account on _________
21.08.2015 of Rs. __________ 1,21,74,269/- through ___________. A
photocopy of the account statement of the Petitioner is annexed and
marked hereto with letter “H”.
f)[k)] TDS letter
[l)] That on _________ 22.06.2019 vide reference no.
__________________ the Respondent released original Performance
bank guarantee to the Petitioner. A photocopy of letter dated
____________ is marked and annexed hereto with letter “__”.
[m)] There was delay of _______ 847 days in completion of above awarded
work. The Respondent issued completion letter (Provisional) letter dated
_________ 25.04.2015vide reference no. ______________. As per the
certificate the contractual completion date was __________ and the job
completion date was ______________ 31.12.2014and executed value of
work was Rs. __________ crores. A photocopy of the completion
certificate (Provisional) dated. ________ 25.04.2015 is annexed hereto
and marked with letter “___”.
[n)] That the reason for the aforesaid inordinate delay was solely
attributable to the Respondent on account of delay in providing requisite
_______________________________________.materials & fronts.
g)[o)] That due to aforesaid delay in completion of the project, the
Petitioner had to incur huge expenses to keep resources still at site till
the completion of work. Petitioner lost out several opportunities where
they could have earned revenue by deploying the same resources
elsewhere.
h)[p)] The Petitioner on the basis of work performed raised several running
bills to the Respondent based on the terms and conditions of the contract
seeking payment of outstanding, reimbursement and cost of delay solely
attributable to Respondent. However, the Respondent did not release the
pending payments of the Petitioner on various pretext.
[q)] That on __________ (exemption certificate)
[r)] That the Respondent is under legal and contractual obligation to
discharge the aforesaid liability and release outstanding dues in the
favor of Petitioner. The Respondent neglected/failed to meet out the
legitimate demands of the Petitioner and it is evident that there exists a
dispute pursuant to the contracts awarded to the petitioner.
i)[s)] That due to the above acts, omissions, commissions there clearly
exists a strong dispute on the outstanding claims and dues of the
Petitioner on the issue of non-clearance of final bill raised by the
Petitioner and release payment on cost incurred during period of
overrun/delay.
j) The Respondent wrongfully withheld an amount of Rs. 44,10,98/- as
BOCW Cess and refused to refund the same when the Petitioner vide its
letters dated 08.03.2021 & 28.10.2021 requested the respondent to
refund the same.
k)[t)] That undoubtedly disputes and difference arose between the parties
out of the transaction in the matter of awarded work project vide LOI
bearing no. B&R/ERE/70911/BLR/SC-TOI/LOIdated 07.09.2010.
l)[u)] That on 28.12.2021 the Petitioner invoked arbitration agreement as
contained in clause 41 of General Conditions of Contract executed by
and between the parties herein (hereinafter referred to as the “said
notice”). The said notice was served & delivered through the speed post
on vide consignment no. ED052790471IN; ED052790701IN;
ED052790692IN & ED052790689IN which were duly served on
Respondent. On 28.12.2021 the counsel for the petitioner again served
the said notice to the Respondent through e-mail and the same is duly
served upon the Respondent but the said notice was not responded till
date. A copy of the said notice is annexed hereto and marked as letter
“___”.
[v)] That consequently, Respondent owes petitioner a sum of Rs.
__________/-(44,10,298/- (Rupees
_____________________________________________________Forty
Four Lakh Ten Thousand Two Hundred Ninty Eight only ) apart from
the interest from the date of accrual on account of outstanding dues,
damages and loss of profit due to reduced turnover during the extended
stay.
6. It is pertinent to note that sufficient time has passed since the service of the
said notice to the Respondent and however, no response has been received
from the Respondent and as such the Petitioner sought for the intervention of
this Hon’ble court through this petition to appoint an arbitrator who will
adjudicate the disputes and differences which have arisen by and between the
Parties herein.
7. The Petitioner reserves its right to present a detailed claim and/or modify such
claim as it may deem fit before the Arbitral Tribunal which so forth fit shall be
constituted by this Hon’ble Court.
8. That the cause of action first arose on ___________ when the Respondent
certified the final bill of the Petitioner as form “B”. The cause of action further
on _________ when the Petitioner received last payment from the Respondent.
The cause of action further arose on _________.
9. The subject matter of the present petition is a commercial dispute as defined in
Section 2(1) (C) of the commercial courts. Commercial division and
commercial appellate division of High courts Act, 2015.
10. The Petitioner humbly through the Petition submits before this Hon’ble court
that this Hon’ble court may be pleased to appoint an arbitrator for adjudication
of the disputes and/or differences between the parties herein in terms of the
Arbitration agreement contained in clause 41 of General Conditions of
Contract vide work order No. B&R/PCD/70911/LCF-812/WO/1864.
11. This Hon’ble court has territorial jurisdiction to entertain the present petition as
was mutually agreed between the parties in terms of clause 41 of General
Conditions of Contract.
12. That unless the order hereinafter as prayed for is allowed. The Petitioner would
suffer irreparable loss and prejudice.
13. That Petitioner has not filed any other similar petition before any other court in
relation to the subject matter of the present petition.
14. The present petition is bonafide and in the interest of Justice.
15.This Hon’ble Court has the Territorial Jurisdiction to entertain the
present Petition as was mutually agreed between the parties in terms of
Clause 2.2 – Law Governing the contract and Court Jurisdiction of
the of General Conditions of Contract.
16.That Petitioner has not filed any other similar Petition before any other
Court relation to the subject matter of the present Petition.
17.The Petition has been filed along with duly affixed Court fee of
Rs._____ /-. Any unintended default shall be rectified by the Petitioner
as per the directions of this Hon’ble Court in due time.
18.That the annexures filed along with the present Petition are true copies
of their respective originals.
PRAYER
In the Premises as aforesaid the Petitioner: Most humbly prays that your
lordship wouldgraciously be pleased to pass the following orders:-
a) An arbitrator may be appointed by the Hon’ble Chief Justice or his
designate Hon’ble Justice for adjudication of the disputes and/or
difference between the parties in terms of the Arbitration agreement
contained in clause 41 of General Conditions of the LOI vide work
order no. B&R/PCD/70911/LCF-812/WO/1864 dated. 03.12.2010.
b) Ad-interim orders in terms of Prayer above;
c) Cost of and incidental to this application be added to the Petitioner’s
claim in the reference;
d) Such further order or orders as Your lordship may deem fit and proper;
And for this act of kindness the Petitioner as in duty bound shall ever pray.
THROUGH
DEEPALI SAIGAL
AMC Law Firm
New Delhi-110024
Phone- 011-41354354
Place: Calcutta
Date:
ORIGINAL SIDE
A.P No. _________ of 2022
IN THE MATTER OF:

Versus
AFFIDAVIT
I, C. S. Saxena, S/o Shri Raghubir Kishore Dundha, 79, Deepali, Pitampura, New
Delhi – 110034, aged about 71 years, presently authorised by the COC vide COC
meeting dated 09.12.2019 to represent M/s Zillion Infra Projects Private Limited
(currently undergoing CIRP), do hereby solemnly affirm and state as under:
1. I am Authorized Representative of the Petitioner / Zillion Infra Projects Pvt.

Ltd. in the present Petition. I am well conversant with the facts and
circumstances of the present case derived from the records maintained by
Zillion Infra Projects Pvt. Ltd. during ordinary course of its business.
Hence, the deponent is competent to swear the present Affidavit.
2. The accompanying Petition has been drafted under my instructions, the

contents of which are true and correct to my knowledge on the basis of the
records maintained by Zillion Infra Projects Pvt. Ltd. during ordinary course
of its business. The contents of the accompanying Petition may be read as
part and parcel of the present Affidavit as the same are not being repeated
over here for the sake of brevity and to avoid prolixity. I also state that the
contents of the accompanying Petition are true and correct to the best of my
knowledge and belief.
3. No part of this Affidavit is false and no material facts have been concealed
therefrom.
DEPONENT
VERIFICATION:
I, C. S. Saxena, the above named deponent do hereby verify that the contents of
this Affidavit are true and correct to my knowledge on the basis of the records
maintained by the Petitioner during ordinary course of its business and that no
part of this Affidavit is false and no material facts have been concealed
therefrom.
Verified at ________on this____ day of _____________, 2022.
DEPONENT

ORIGINAL SIDE
A.P No. _________ of 2022
IN THE MATTER OF:

Versus
STATEMENT OF TRUTH
(Under First Schedule, Order VI – Rule 15A and Order X – Rule 1)

STATEMENT OF TRUTH BY C. S. Saxena, S/o Shri Raghubir Kishore Dundha,
79, Deepali, Pitampura, New Delhi – 110034, aged about 71 years, presently
authorised by the COC vide COC meeting dated 09.12.2019 to represent M/s
Zillion Infra Projects Private Limited (currently undergoing CIRP), the Petitioner
do hereby solemnly affirm and state as under.
I, the deponent above-named, do hereby solemnly affirm and declare as under:
1. I am the authorized representative and I am conversant with the facts of the

case based on information derived from the records of the case and thus I am
competent to sign and affirm this affidavit.
2. I am sufficiently conversant with the facts of the case and have also
examined all relevant documents and records in relation thereto.
3. I say that the statement made in paragraph numbers

…………………………….. of the Petition, are true to my knowledge and
are based on records maintained by the Petitioner Company which I believe
to be correct and statements made in paragraph numbers …………. of the
Petition are based on legal advice.
4. I say 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,
relevant for the present Petition.
5. I say that all the documents in petitioner’s power, possession, control or
custody pertaining to the facts and circumstances of the proceedings initiated
by me have been disclosed and copies thereof annexed with the Petition.
6. I say that the above-mentioned pleading comprises of a total of _____pages

each of which has been signed by me.
7. I state that the documents hereto are true copies of the document referred to
and relied upon by me.
8. I say that I am aware that for any false statement or concealment, I shall be
liable for action taken against me under the law.
VERIFICATION
Verified at New Delhi on this ____day of September 2022 that the contents of the
present affidavit are true and correct to my knowledge, nothing material has been
concealed and no part of it is false.
DEPONENT
ORIGINAL SIDE
A.P No. _________ of 2022
IN THE MATTER OF:

Versus
COURT FEES
THROUGH
DEEPALI SAIGAL
AMC Law Firm
New Delhi-110024
Phone.- 011-41354354
Place: Calcutta
Date:
ORIGINAL SIDE
A.P No. _________ of 2022
IN THE MATTER OF:

Versus
COURT FEES FOR PROCESS FEE
THROUGH
DEEPALI SAIGAL
AMC Law Firm
New Delhi-110024
Phone.- 011-41354354
Place: Calcutta
Date:
ORIGINAL SIDE
A.P No. _________ of 2022
IN THE MATTER OF:

Versus
INDEX-II
1. Index
2. Application on behalf of the Petitioner
under Section 151 of the Code Of Civil
Procedure, 1908, for Exemption from
filing Certified copies/original of
annexures/documents and from filing
typed/legible copies of dim/illegible
annexures, along with supporting
Affidavit
THROUGH
DEEPALI SAIGAL
AMC Law Firm
New Delhi-110024
Phone.- 011-41354354
Place: Calcutta
Date:
ORIGINAL SIDE
A.P No. _________ of 2022
IN THE MATTER OF:

Versus
APPLICATION ON BEHALF OF THE PETITIONER UNDER SECTION

151 OF THE CODE OF CIVIL PROCEDURE, 1908, FOR EXEMPTION
FROM FILING CERTIFIED COPIES/ORIGINAL OF
ANNEXURES/DOCUMENTS AND FROM FILING TYPED / LEGIBLE
COPIES OF DIM / ILLEGIBLE ANNEXURES
MOST RESPECTFULLY SHOWETH:
1. The Present Petition has been filed by the Petitioner / Applicant under
Section 11 of the Arbitration and Conciliation Act, 1996 for appointment of
the Arbitrator and to adjudicate the dispute between the parties. The contents
of the said Petition be read as a part and parcel of the present application.
The same are not being repeated herein for the sake of brevity and to avoid
prolixity.
2. The Petitioner has filed annexures / documents, which are not certified
copies. Further, the Petitioner has also filed annexures / documents which
are dim / illegible. The Petitioner / Applicant has been unable to obtain the
certified copies of the said annexures / documents and has filed clear copies
of the annexures / documents. As such waiting for the same would
unnecessarily delay filing and listing of the present Petition.
3. Therefore, equity and balance of convenience, lies in granting permission to

the Petitioner/Applicant to file the same as and when required and directed
by this Hon’ble Court. The Petitioner / Applicant crave exemption from
filing certified copies and clear copies of the said annexures / documents.
4. There is no impediment in grant of the relief sought for either in law or the
facts and circumstances of this case.
5. The present Application is being moved bonafide, in the interest of justice

and to meet the ends of justice.
PRAYER
It is therefore, most respectfully prayed that this Hon’ble Court may graciously be
pleased to:
i. exempt the Applicant / Petitioner from filing certified copies of

annexures / documents, in the interest of justice; and / or
ii. exempt the Applicant / Petitioner from filing typed copies of dim
annexures / documents and / or annexures / documents with proper
margin, in the interest of justice; and / or
iii. pass any other or further order (s) as this Hon’ble Court may deem fit and
proper in the given facts and circumstances of this case.
Petitioner
THROUGH
DEEPALI SAIGAL
AMC Law Firm
New Delhi-110024
Phone.- 011-41354354
Place: Calcutta
Date:
ORIGINAL SIDE
A.P No. _________ of 2022
IN THE MATTER OF:

Versus
AFFIDAVIT
I, C. S. Saxena, S/o Shri Raghubir Kishore Dundha, 79, Deepali, Pitampura, New
Delhi – 110034, aged about 71 years, presently authorized by the COC vide COC
meeting dated 09.12.2019 represent M/s Zillion Infra Projects Private Limited
(currently undergoing CIRP), do hereby solemnly affirm and state as under:
1. I am Authorized Representative of the Petitioner / ZIPL in the present

petition. I am well conversant with the facts and circumstances of the present
case derived from the records maintained by ZIPL during ordinary course of
its business. Hence, the deponent is competent to swear the present
Affidavit.
2. The accompanying application has been drafted under my instructions and
the contents thereof, except the legal averments contained therein, are true
and correct to the best of my knowledge and belief, based on the records
maintained by Petitioner. The legal averments and submissions contained
therein are true and correct based on the legal advice received by me and
believed by me to be true and correct. The contents of the accompanying
petition are not being reproduced herein for the sake of brevity and to avoid
prolixity.
3. No part of this affidavit is false, and no material facts have been concealed
therefrom.
DEPONENT
VERIFICATION:
I, C. S. Saxena, the above-named deponent, do hereby verify that the contents of
this affidavit are true and correct to my knowledge, and that no part of this
Affidavit is false and no material facts have been concealed therefrom.
Verified at ___________ on this _____ day of ________2022.
DEPONENT
ORIGINAL SIDE
A.P No. _________ of 2022
IN THE MATTER OF:

Versus
INDEX-III
1. Index
2. Vakalatnama
THROUGH
DEEPALI SAIGAL
AMC Law Firm
New Delhi-110024
Phone- 011-41354354
Place: Calcutta
Date:
ORIGINAL SIDE
A.P No. _________ of 2022
IN THE MATTER OF:

Versus
INDEX-IV
Details of Documents Original/ Mode of Page
documents in power, Photo- Execution No.
possession, copies/
control, Office
custody of copies
Index
Document P-1 Public Internet
Copy of the order Document Generated
dated 05.02.2019 copy
passed by the
Hon’ble NCLT,
New Delhi
Document P-2 Petitioner True copy Petitioner
Copy of the Minutes
of the COC meeting
dated 09.12.2019.
Document P-3 Petitioner True copy Responden

Copy of Letter of t
Intent dated
06.02.2010 issued
by the Respondent.
Document P-4 Petitioner Photo Petitioner
Copy of Contract copy &
Agreement, vide Responden
No. t
BHE/PW/PUR/PLT
-BLR Vertical
Pkg/685
Document P-5 Respondent Photo Petitioner
Copy of the letter copy &
dated 24.11.2012. Responden
t
Copy of the letter t&
dated 31.12.2013. Petitioner
t
dated 15.03.2014 Responden
t
t
t
t
t
t
t
t
t
t
t
Copy of the Email copy &
t
t
Document P- Respondent Photo Petitioner
21(Colly.) copy &
Copies of the Responden
Letters dated t
14.03.2015
Document P- Respondent Photo Petitioner
22(Colly.) copy &
Copies of the Email Responden
dated 14.03.2015 t
Copy of the Letter copy &
t
t
t
t
t
t
Copy of the Letter t to
dated 30.09.2016 Petitioner
Copy of the Letter t to
Copy of the E-mail t to
Copy of the Receipt t to
Voucher No. 20, Petitioner
dated 03.06.2019
Copy of the Polite copy &
Reminder dated Responden
12.10.2020 t
(Colly.) copy &
Copy of the Legal Responden
Notice dated t
15.07.2021
alongwith Postal
Receipts and
tracking Reports
(Colly.) t to
Copy of the Reply Petitioner
dated 21.07.2021
along with
annexures
Document P-36 Respondent Photo Responden
Copy of General copy t
Conditions of
Contract
THROUGH
DEEPALI SAIGAL
AMC Law Firm
New Delhi-110024
Phone- 011-41354354
Place: Calcutta
Date:

Annpara Section 11

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A.P No.

______ of 2022 IN THE HIGH COURT AT CALCUTTA

IN THE HIGH COURT AT CALCUTTA

ORIGINAL COMMERCIAL JURISDICTION

IN THE MATTER OF:

ORIGINAL COMMERCIAL JURISDICTION

IN THE MATTER OF:

Zillion Infraprojects Pvt. Ltd.

13.11.1964 The Respondent/Bharat Heavy Electricals

19.03.1986 The Petitioner/Zillion Infra Projects Private

IN THE MATTER OF:

Bharat Heavy Electricals Limited

A.P No. _________ of 2022

IN THE HIGH COURT OF CALCUTTA

ORIGINAL COMMERCIAL JURISDICTION

IN THE MATTER OF ARBITRATION:

Zillion Infraprojects Pvt. Ltd.

1. PROVISION UNDER APPLICATION UNDER SECTION 11 OF THE ARBITRATION

5. NAME AND N.A

7. A BRIEF WRITTEN A brief statement of facts andgeneral nature of dispute is detailed in

ORIGINAL COMMERCIAL JURISDICTION

IN THE MATTER OF:

1. I am Authorized Representative of the Petitioner / Zillion Infra Projects Pvt.

2. The accompanying Petition has been drafted under my instructions, the

Verified at ________on this____ day of _____________, 2022.

ORIGINAL COMMERCIAL JURISDICTION

IN THE MATTER OF:

(Under First Schedule, Order VI – Rule 15A and Order X – Rule 1)

I, the deponent above-named, do hereby solemnly affirm and declare as under:

1. I am the authorized representative and I am conversant with the facts of the

3. I say that the statement made in paragraph numbers

4. I say that there is no false statement or concealment of any material fact,

6. I say that the above-mentioned pleading comprises of a total of _____pages

ORIGINAL COMMERCIAL JURISDICTION

IN THE MATTER OF:

ORIGINAL COMMERCIAL JURISDICTION

IN THE MATTER OF:

COURT FEES FOR PROCESS FEE

ORIGINAL COMMERCIAL JURISDICTION

IN THE MATTER OF:

ORIGINAL COMMERCIAL JURISDICTION

IN THE MATTER OF:

APPLICATION ON BEHALF OF THE PETITIONER UNDER SECTION

MOST RESPECTFULLY SHOWETH:

3. Therefore, equity and balance of convenience, lies in granting permission to

5. The present Application is being moved bonafide, in the interest of justice

i. exempt the Applicant / Petitioner from filing certified copies of

ORIGINAL COMMERCIAL JURISDICTION

IN THE MATTER OF:

1. I am Authorized Representative of the Petitioner / ZIPL in the present

Verified at ___________ on this _____ day of ________2022.

ORIGINAL COMMERCIAL JURISDICTION

IN THE MATTER OF:

ORIGINAL COMMERCIAL JURISDICTION

IN THE MATTER OF:

Document P-3 Petitioner True copy Responden

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Verified at on this day of _____, 2022.

Verified at _________ on this _ day of ______2022.