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17. Respondent No.2 (the Engineering Company) was obliged under the contract to execute the project on a lump sum fixed fee on turnkey basis inclusive of execution of all supplies as set out in Clause 2.2 in accordance with Timelines, Executive Design, EHS Guidelines and other terms and conditions as set out under the Equipment and Material Supply Agreement dated 02.03.2016.

22. Parties to the agreements namely Rishabh and Juwi India:- (i) Equipment and Material Supply Agreement; and (ii) Engineering, Installation and Commissioning Contract and the parties to Sale and Purchase Agreement between Rishabh and Astonfield are one and the same as that of the parties in the main agreement namely Equipment Lease Agreement (14.03.2012). All the four agreements are inter- connected. This is a case where several parties are involved in a single commercial project (Solar Plant at Dongri) executed through several agreements/contracts. In such a case, all the parties can be covered by the arbitration clause in the main agreement ie. Equipment Lease Agreement (14.03.2012).

133. It is further submitted that there is no privity of contract, evidenced in writing, between the Respondent No.2 (the Engineering Company) and the Petitioner.

134. Moreover, the Respondent No.2 (the Engineering Company) has already discharged its payment obligations towards the invoices raised for the modules procured from Non-Party, the procurement company, by ______________ Page No 67 of 184 https://www.mhc.tn.gov.in/judis  Arb.O.P.(Com.Div.)No.186 of 2023 making payments directly to Non-Party.

155. Both Respondent No.2 (the Engineering Company) and the Respondent No.3 (the Project Company) are a juristic person and can enter into or can be bound by contracts only in accordance with the statute which governs that as juristic personality/ existence viz. the Companies Act.

156. Respondent No. 2 (the Engineering Company) and the Respondent No.3 (the Project Company) are a private limited Indian company conferred with juristic existence under the Companies Act. As such, the provisions of the Companies Act are applicable to, and govern Respondent No. 2 (the Engineering Company) and the Respondent No.3 (the Project Company) and their functioning. Further, their ability to enter into contracts is strictly governed by its parent statute, ie, the Companies Act, 2013 and its constitutional documents, being their Memorandum of ______________ Page No 77 of 184 https://www.mhc.tn.gov.in/judis  Arb.O.P.(Com.Div.)No.186 of 2023 Association and Articles of Association.