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M/s. RPP Infra Projects Limited, Rep. by its Whole Time Director A. Nithya v/s M/s. NTPC Tamil Nadu Energy Company Ltd., Rep. by its Deputy General Manager & Others


Company & Directors' Information:- NTPC LIMITED [Active] CIN = L40101DL1975GOI007966

Company & Directors' Information:- NTPC TAMIL NADU ENERGY COMPANY LIMITED [Active] CIN = U40108DL2003PLC120487

Company & Directors' Information:- R.P.P INFRA PROJECTS LIMITED [Active] CIN = L45201TZ1995PLC006113

Company & Directors' Information:- ENERGY PROJECTS INDIA LIMITED [Active] CIN = U74899DL1993PLC054582

Company & Directors' Information:- V S A INFRA PROJECTS PRIVATE LIMITED [Active] CIN = U45400TG2011PTC074588

Company & Directors' Information:- K N INFRA PROJECTS PRIVATE LIMITED [Active] CIN = U45200TG2008PTC058128

Company & Directors' Information:- B L INFRA PROJECTS PRIVATE LIMITED [Active] CIN = U45400DL2014PTC266491

Company & Directors' Information:- B & C ENERGY INFRA LIMITED [Active] CIN = U31900GJ2012PLC071773

Company & Directors' Information:- K. C. INFRA PROJECTS PRIVATE LIMITED [Active] CIN = U45209NL1990PTC003414

Company & Directors' Information:- K K INFRA PROJECTS (INDIA) PRIVATE LIMITED [Active] CIN = U45200TG2007PTC056630

Company & Directors' Information:- A E INFRA PROJECTS PRIVATE LIMITED [Active] CIN = U45200MH2009PTC196191

Company & Directors' Information:- S B ENERGY PROJECTS PRIVATE LIMITED [Active] CIN = U00439PN2006PTC022356

Company & Directors' Information:- S R R INFRA PROJECTS LIMITED [Strike Off] CIN = U45209TG2008PLC058571

Company & Directors' Information:- T. K. ENERGY PROJECTS PRIVATE LIMITED [Active] CIN = U40106AR2016PTC013437

Company & Directors' Information:- N R R INFRA PROJECTS PRIVATE LIMITED [Active] CIN = U70200TG2010PTC067299

Company & Directors' Information:- K AND G INFRA PROJECTS PRIVATE LIMITED [Under Process of Striking Off] CIN = U45200KL2010PTC027108

Company & Directors' Information:- R Y INFRA PROJECTS PRIVATE LIMITED [Under Process of Striking Off] CIN = U45400TG2013PTC091764

Company & Directors' Information:- K C R INFRA PROJECTS PRIVATE LIMITED [Active] CIN = U45200TG2009PTC064374

Company & Directors' Information:- M. D. INFRA - PROJECTS PRIVATE LIMITED [Active] CIN = U45400MH2009PTC193074

Company & Directors' Information:- TIME PROJECTS PRIVATE LIMITED [Active] CIN = U45200TG2004PTC043147

Company & Directors' Information:- V G INFRA PROJECTS PRIVATE LIMITED [Active] CIN = U45209TG2011PTC074184

Company & Directors' Information:- J S V INFRA PROJECTS PRIVATE LIMITED [Strike Off] CIN = U70200TN2010PTC078632

Company & Directors' Information:- N K INFRA PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45201GJ2007PTC050073

Company & Directors' Information:- S. G. INFRA PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45400DL2009PTC192400

Company & Directors' Information:- D & G INFRA AND PROJECTS PRIVATE LIMITED [Active] CIN = U45203PN2009PTC133571

Company & Directors' Information:- G INFRA PROJECTS LIMITED [Active] CIN = U45400TG2015PLC102010

Company & Directors' Information:- D. K. INFRA PROJECTS (INDIA) LIMITED [Strike Off] CIN = U45400WB2011PLC170421

Company & Directors' Information:- J S INFRA PROJECTS PRIVATE LIMITED [Active] CIN = U45400WB2011PTC163788

Company & Directors' Information:- B S INFRA PROJECTS PRIVATE LIMITED [Active] CIN = U45400WB2010PTC151174

Company & Directors' Information:- M R INFRA & PROJECTS INDIA PRIVATE LIMITED [Strike Off] CIN = U45209TG2011PTC074858

Company & Directors' Information:- G-9 INFRA PROJECTS PRIVATE LIMITED [Active] CIN = U45202MP2021PTC054704

Company & Directors' Information:- REP INFRA PROJECTS PRIVATE LIMITED [Active] CIN = U45309AP2021PTC118202

Company & Directors' Information:- C S INFRA PROJECTS PRIVATE LIMITED [Active] CIN = U45209OR2021PTC037627

Company & Directors' Information:- S V V INFRA PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45200TG2009PTC065498

Company & Directors' Information:- K M M INFRA PROJECTS PRIVATE LIMITED [Active] CIN = U45209TG2013PTC088878

Company & Directors' Information:- A R INFRA PROJECTS LIMITED [Active] CIN = U45400DL2010PLC198594

Company & Directors' Information:- GENERAL INFRA PROJECTS PRIVATE LIMITED [Active] CIN = U45201GJ2007PTC051589

Company & Directors' Information:- N-INFRA PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45200TG2008PTC057620

Company & Directors' Information:- M. M. INFRA PROJECTS PRIVATE LIMITED [Active] CIN = U70109WB2011PTC165005

Company & Directors' Information:- D R R INFRA PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45200TG2007PTC055772

Company & Directors' Information:- R V INFRA PROJECTS INDIA PRIVATE LIMITED [Active] CIN = U45400WB2011PTC158257

Company & Directors' Information:- U M T INFRA PROJECTS PRIVATE LIMITED [Active] CIN = U45400MH2013PTC244469

Company & Directors' Information:- R K B INFRA PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45400WB2009PTC132587

Company & Directors' Information:- A H V INFRA PROJECTS PRIVATE LIMITED [Strike Off] CIN = U74999WB2012PTC180309

Company & Directors' Information:- G. S. INFRA PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45400DL2008PTC174931

Company & Directors' Information:- C K ENERGY INFRA PRIVATE LIMITED [Strike Off] CIN = U52335HR2015PTC055533

Company & Directors' Information:- P B S INFRA PROJECTS PRIVATE LIMITED [Strike Off] CIN = U70102TG2008PTC060836

Company & Directors' Information:- R M INFRA PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45400MH2011PTC224655

Company & Directors' Information:- M C W INFRA PROJECTS PRIVATE LIMITED [Strike Off] CIN = U74120MH2013PTC244153

Company & Directors' Information:- S. A. INFRA PROJECTS (INDIA) PRIVATE LIMITED [Active] CIN = U45400TG2015PTC099812

Company & Directors' Information:- C Z INFRA PROJECTS PRIVATE LIMITED [Active] CIN = U45400TG2016PTC103916

Company & Directors' Information:- NITHYA PROJECTS PRIVATE LIMITED [Strike Off] CIN = U70102TG2013PTC087397

Company & Directors' Information:- P AND C INFRA PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45200TN2014PTC096607

Company & Directors' Information:- U K PROJECTS AND INFRA PRIVATE LIMITED [Active] CIN = U45200TN2015PTC102111

Company & Directors' Information:- M N C INFRA PROJECTS PRIVATE LIMITED [Active] CIN = U45200TG2008PTC058369

Company & Directors' Information:- K V P INFRA PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45209TG2011PTC073318

Company & Directors' Information:- L K D INFRA PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45209TG2013PTC085748

Company & Directors' Information:- M & T ENERGY PROJECTS PRIVATE LIMITED [Strike Off] CIN = U40101HP2011PTC031732

Company & Directors' Information:- B R S INFRA PROJECTS PRIVATE LIMITED [Active] CIN = U45201DL2013PTC248023

Company & Directors' Information:- D V INFRA PROJECTS PRIVATE LIMITED [Active] CIN = U45200AP2014PTC095005

Company & Directors' Information:- N V R INFRA PROJECTS PRIVATE LIMITED [Active] CIN = U70100AP2015PTC097985

Company & Directors' Information:- D. B. INFRA PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45201GJ2010PTC059696

Company & Directors' Information:- R A INFRA PROJECTS PRIVATE LIMITED [Active] CIN = U29309RJ2021PTC075070

Company & Directors' Information:- V J INFRA PROJECTS INDIA PRIVATE LIMITED [Active] CIN = U45500AP2021PTC118892

Company & Directors' Information:- K AND P INFRA PROJECTS PRIVATE LIMITED [Active] CIN = U45309PN2021PTC203529

    O.P. No. 85 of 2018

    Decided On, 26 February 2018

    At, High Court of Judicature at Madras

    By, THE HONOURABLE DR.(MRS.) JUSTICE ANITA SUMANTH

    For the Petitioner: P.J. Rishikesh, Advocate. For the Respondents: Lilly for M/s. King & Patridge, Advocates.



Judgment Text

(Prayer: Petition filed under Section 29-A(4) of the amended Arbitration Act, 2015 to extend the time limit of the Arbitral Tribunal consisting of respondents 2 to 4 for a further period as deem fit by this Court.)

1. This petition prays for an extension of the mandate of the Arbitral Tribunal in terms of section 29A of the Arbitration and Conciliation Act, 1996 (in short 'Act') comprising of respondents 2, 3 and 4 constituted to resolve disputes that have arisen between the parties in terms of clause 34 of the Contract Agreement dated 20.06.2012.

2. Heard Mr.P.J.Rishikesh, learned counsel for the petitioner and Ms.Lilly for M/s.King and Patridge, learned counsel for the respondents.

3. Admittedly, the mandate of the Arbitral Tribunal commenced on 15.11.2016 and the preliminary sitting of the Tribunal was held on 21.12.2016. The mandate of one year expired on 14.11.2017.

4. After detailed hearing, the matter was reserved for orders by the Tribunal on 15.07.2017 and the parties directed to file written submissions on or before 05.08.2017 which was complied with.

5. The parties await the passing of the award.

6. While this is so, the first respondent, by letter dated 08.01.2018, sought to invoke Bank Guarantee No.57/12 dated 25.06.2012 for a sum of Rs.1,79,10,000/-, presumably, on the basis that the mandate of the Arbitral Tribunal had expired.

7. The petitioner thus came to move an Application under section 17 of the Act before the Arbitral Tribunal seeking interim relief restraining the first respondent from invoking the bank guarantee on 8.1.2018, after prior service of the application upon the respondent by email.

8. The application was taken up for hearing on 09.01.2018 and a status quo of the proceedings relating to invocation of the Bank Guarantee as well as injunction restraining the first respondent from invoking the same till the disposal of the application was granted by the Tribunal, in the absence of the first respondent.

9. A Counter appears to have filed by the first respondent on 12.01.2018 wherein a preliminary objection has been raised to the maintainability of the interim application on the ground that the mandate of the Tribunal had itself, expired.

10. The present request for extension of mandate has been sought in the light of the aforesaid circumstances.

11. A Counter has been filed by the first respondent seriously objecting to the extension sought.

12. Mr.Rishikesh would, at the threshold convey, upon information received from the Arbitral Tribunal, that the final Award is itself ready for pronouncement. No objection is raised by the respondent to the extension of mandate solely to enable the Tribunal to pass the final award. In such circumstances, the mandate of the Arbitral Tribunal is extended upon consent expressed by both learned counsel, by two weeks, i.e., till 13.03.2018, to enable the pronouncement of final award.

13. As far as the interim order obtained from the Tribunal with regard to the bank guarantee, Ms. Lilly has placed on record a copy of Demand Draft dated 08.01.2018 bearing No.991942 issued by the Indian Overseas Bank, to the effect that the Bank Guarantee had been invoked on 08.01.2018 even prior to orders dated 09.01.2018 passed by the Tribunal.

14. Be that as it may and

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in any event, since the final award is itself imminent, I refrain from dealing any further with the issue of invocation of Bank Guarantee. Suffice it to direct that a status quo be maintained, as of today, in regard to the bank guarantee and the DD dated 08.01.2018 issued by the Indian Overseas Bank. 15. This petition is disposed of in the above terms. No costs.
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