r

'
lfITTU~ !\iAHAR.-\.S H TRA

Join t Vent ure Agre emE u\t

\
THIS JOINT VENTURE AGREEMENT is enter
ed into on t his th~ 23 1{\ d~\• af MJ.W ~ill \
~
AMONGS T
1. " M/s Safa lya Infr a Proj ects Pvt. ltd.,
a CQm pM\• ll)ttHl)(W~ta-:1 llfllk 'I' th~ ...
CQmpanies Act, 1956 and having its regls
tcn·.."d om~ .t\t Of.\P, Toh..,,ll ~I~ ~'tMlQu
Tahsil Police Stati on road. G~ndhibag h, Nagp 1
ur - 4400 02
AND
2. N/s. Vine et Sing h Con stru ction Co. Pvt.
Ltd. , u comp~n\• incoq)Or.: \~l @ d~r th~
Com pani es Act. 1956 and ha11ing its regis
tered offlw at CJ~ ~n~aj l odu~tr\~~. rl~ht
Side of Ove r Bridge, Plot No. C/11 2,. Secto
r--B Industria l At~ Sh-gl ti. Dl~tt.•all{\Sllllf
(C.G .) 4950 04
The abov e men tione d First Party &. See(l
nd Port t are coUe.ttiWI\• rof~t·r~.i ~ {\S llw.}
" Parti es" and each is indiv idual ly refer red
to m, a ''Par t\•..
 WHEREAS,
(A) - Sup~rint ending Engineer ; Irrigatio n Circle, Kadapa (A.P.) represent ed by
its
(hereioaft ,er referred to as the "Employe r" which expressio n shall, unless repugnan
t
to the·· context -o.r meaning · thereof, include its administra tors, successor s and
assigns) has invited Bids by j ts. Bid Documen ts for qualificati on and selection of
Contracto rs for "Replace ment of Spillway bow type gates of Vaddema nu
Chithana ndam Lower Sagileru Projec·t ,,
The Parties are interested in jointly bidding for the Project as members of a Joint
Venture (JV) and- if1 accordanc e wrUY 1the terms and conditions: of the Bid Documen t in
respect of the Project, and
It ls a · necessary c:ondltion unde"r the Bid Documen t that the members of the Joint
Venture shaH enter ·into a ' Joint Venture Agreemen t and furnish a copy thereof with
• the Bid.
NOW IT IS HEREBY AGREED as follows:
1. Definition s-and. Interpreta tions
-In this Agreeme nt, ·the capitalised terms shall, unless the context otherwise requiresr
have th~ meaning ascribed thereto u·nder the Bld Document s
2. Joint Venture , ,
2.1 The Par.:ti es do hereb.y irrevo<tabl.y constitute a Joint 'Venture "Safalya - VSCC (JV)"
for the, purposes'·ofj ointly 'participatln~r in the Bidding Process for the Project.
2. 2 The Parties hereby -unclertak e to participate in the Bidding Process only through this
Joint Venture and not individual ly .and/ or through any other joint venture / Joint
Venture ,c;onstitut ed for this Project; ·either directly or :indirectly or through any o
f
their Associate s .
3. Role of the Parties
The Parties hereby undertake to per.form the roles and responsib ilities as described
below :
(a) The fir-st Party<sha ll be the Lead Member of the JV and shall have the Power·
of Attorney "frorri .all members for conductin g all business for and on behalf of
the JV during the Bidding Process and during the execution of the Contract.
(b) The Second Pa~ty shall be th~anoth er member of the JV; and" ·
4. Joint and Sev.e ral Liability
The Par:Ues do hereby undertake• to be jointly and severally responsib le for all
oblig·a tions and !.abilities relating to the Projec"t and in acco rdance with the terms of
the Bid DoclCJments and the Contract, under· and in accordanc e with the Contract to
be entered .info with't he Employer .
5. Shares in the JV
5.1 The Parties agree that the proportion of shares among the Parties in the JV shall be
as follows:
First -Party·:. 75%
Second Party : 25<;>/o
6. Represen tation of the Parties
Each Party represent s to the other Parties as ofthe date of th is Agreemen t that:
(a) Such Party is duly organised , validly existing and in good standing under the laws
of its incorpora tion and has all requ[site power and authority to enter i nto this
(2/4)

, oialya lnira P ; , ~ ;'.. u o

,,.-- Oirecto<
 --- - -- --- --- -- -- -- -
A.greement;
{b) The exec ution , deliv ery and perfo rman ce by
such Party of this Agre emen t has
been auth orize d by all nece ssary and appr
opria te corpo rate or gove rnme ntal
actio n and a copy of the extra ct
of the char ter docu ment s and board
reso lutio n/ powe r of attor ney in
favou r of the perso n exec uting this
Agre eme nt for the deleg ation of powe
r and auth ority to exec ute this
Agre eme nt on beha lf of the Joint
Vent ure Mem ber is anne xed to this
Agre eme nt, anti will not, to the best of
its know ledge :
( i) requ ire any cons ent or appr oval not alrea
dy obtai ned;
{ ii) Vlola te any Appli cable Law prese ntly in
effec t and havin g appli cabil ity
to it;
{iii) viola te the Mem orand um and Artic les
of Asso ciatio n, by-la ws or othe r
appli cable organ izatio nal docu ment s there
of;
{i'V} viola te any dear ance , perm it, conce
ssion , gran t, llcen se or othe r
gove rnme ntal autho rizati on, appro val,
judg men t, orde r or decre e or
any mort gage agre emen t, inden tul"e or
any othe r instr umen t to whic h
such Party is a party or by which such Party
or any of its prop ertie s or
asse ts are boun d or that is other wise applic
.able to such Party ; or
(11) creat e or impo se any liens , mortg ages
, pledg es, claim s, secu rity
intere sts, charg es or encu mbra nces or
oblig ation s to creat e a lien,
charg e, ~edg e, secu rity inter est, encu
mbra nces or mort gage in or on
the prop erty of such Party , exce pt for
eocu mbra.nces that woul d not,
indhr iduai ly or in the aggre gate, have a
mate rial adve rse effec t on the
fi~ al a>nd ition or prosp ects or busin
ess· of such Party so as to
preve nt sudt Party from fulfill ing its oblig
ation s unde r this Agre emen t;
( c) this Agre emen t is the legal and bindi ng
oblig ation of such Party , enfor ceab le
in acco roanc e with its term s again st it;
an d
{d ) there is no litigation pend ing or, to t
he best of such Party 's know ledge ,
threa tene d to whim it or any of its Affilia
tes is a party that prese ntly affec ts
or whic h woul d have a mate rial adve rse effec
t on the finan cial cond ition or
~ or busin ess of such
Party in the fulfill ment of its .oblig ation
this s unde r
Agre emen t.
7. Term inati on
This Agre eme nt shall be effec tive from
the date hereo f and shall con tinue in Full
and effec t durin g the Cont ract Period force
and in accor danc e with the Cont ract
enter ed into with the Emp loyer , in case to be
the Proje ct is awar ded to the Joint Vent
How ever, in case the Joint Vent ure is eithe r ure .
not quali fied for the Proje ct or does not
get selected for award of the Proje ct,
the Agre emen t will stand term inate d .
S. Misc ellan eous
8.1 This Joint Vent ure Ag.-e emen t shall be
gove rned by laws of India .
8.2 The Parti es acknowle dge and acce pt that
this Agre emen t shall not be amen ded
the Parti es witho ut the prior writte n conse by
nt of the Empl oyer.
( 3/4)
 --

IN WliNES S WHEREOF Tl-lE PARTIES ABOVE NAMED HAVE EXECUT

ED AND DELIVERED
THlS AGREEMENT AS OF THE DATE FtRST ABOVE WRITTEN.
SIGNED. SEALED ANO DELIVERED
~ For and on behalf of the Rrst Party
~ 0~

fl!L·7 ~~
By satatya lnfnl Projec ts Pvt. Ltd.~ pRo_,~<'

l~f>tv,:, & f~l"'t~

'1
..~ *;\.~ \.'?1/...
!~ s
.· ~ ~
/ Akhil Mandh ana ~~... -OA
~ 0
DIREC TOR
~~0/ 1
/ ~ /
"~ ' •.//
(Opp. Tahsil Police Station ,. Tahsil Police Station road,
Gandh ibag~ Nagpu r - 44000 2)
~

For and on behalf of the-Second Party

By Vineet Singh Constr uction Co. Pvt. Ltd •
...
- - - -~ ~ ~
_,--_
~_;;.>
....---~
____ ~
._,,,,,,...

Vineet Singh
DIREC TOR
(C/o Pankaj Indust riesr right Side of Over Bridge ,
. *
Pl~t No. C/112 , Sector -B Indust rial Area Sirgiti,
Distt.- Bilasp ur (C.G..} 49500 4)

In the presenc e of :

(4/4)

NA J. GAME
NOTARY
N~i~wu r Di s,\ (M\~\\ lNQ.l~