# Tecpro Systems Limited (In Liquidation) vs. Reliance Infrastructure Limited

> HC judgment dated 2026-07-22. Citation: TCN-2026-HC-00023. Tecpro Systems Limited (in Liquidation) filed an application under Section 11 of the Arbitration…

- **Court:** HC
- **Order date:** 22 Jul 2026
- **Citation:** TCN-2026-HC-00023
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/bombay-high-court-panaji/tecpro-systems-limited-in-liquidation-vs-reliance-infrastructure-limited-n85i9

## Summary

### Background

Tecpro Systems Limited (in Liquidation) filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking the appointment of an Arbitrator against Reliance Infrastructure Limited. The dispute arose from a Purchase Order dated January 17, 2018, which contained an arbitration clause. The Liquidator of Tecpro Systems Limited had issued an arbitration invocation notice on March 10, 2022, which the Respondent did not reply to.

## Facts

Tecpro Systems Limited (In Liquidation) filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking the appointment of an Arbitrator.

The application concerns disputes arising from a Purchase Order (Agreement) dated 17th January 2018 between Tecpro Systems Limited and Reliance Infrastructure Limited.

The Agreement contains an arbitration clause for disputes related to the supply of goods.

Tecpro Systems Limited is currently under liquidation, following an NCLT order dated 16th January 2020.

The Liquidator of Tecpro Systems Limited issued a notice on 10th March 2022, invoking the arbitration clause under Section 21 of the A&C Act.

The Respondent, Reliance Infrastructure Limited, did not reply to the arbitration invocation notice.

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## Issues and analysis

### Issue 1: Whether proviso to Section 33(5) of the IBC is mandatory, i.e., prior approval of the Adjudicating …

**Ratio:** The requirement of "prior approval" in a statutory provision, especially when

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**Reasoning:** The Court referred to its previous judgments in Erach Boman Vs. Tukaram Bhat and Bajaj

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**Interpretation:** The term "prior approval" in the proviso to Section 33(5) of the IBC

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**Application:** In the present case, the Liquidator issued the arbitration invocation notice on

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## Parties

- **Judges:** ARUN R. PEDNEKER,…
- **Respondents:** Tecpro Systems…; Reliance Infrastru…
- **Other parties:** Liquidator of…
- **Advocates:** Akash…; Vishal N.…; +4 more

## Timeline

- **2018-01-17 — Agreement…**: Purchase Order (Agreement) executed between the…
- **2020-01-16 — Liquidation…**: NCLT, New Delhi, passed an order directing liquidation of Tecpro Systems Limited and…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 11 — Persons not entitled to make application](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-11)

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