Two civil appeals challenge an order passed by the High Court for the State of Telangana at Hyderabad under Section 11(6) of the Arbitration and Conciliation Act, 1996, which constituted an Arbitral Tribunal (AT). The dispute originated from an EPC contract awarded by APGENCO to a Consortium, with M/s Tecpro Systems Ltd. (first respondent) initially as the lead member. M/s Tecpro Systems Ltd. later faced severe financial distress, entered Corporate Insolvency Resolution Process (CIRP), and subsequently liquidation. Following this, M/s Tecpro Systems Ltd. invoked arbitration individually against APGENCO. APGENCO and another consortium member (M/s VA Tech Wabag Ltd., also an appellant in a connected appeal) objected to the maintainability of this arbitration, arguing
…APGENCO floated a tender inviting bids from a Consortium of companies for an EPC contract for its Rayalseema Thermal Power Plant.
The tender specifications incorporated Instructions to Bidders (IB) and General Conditions of Contract (GCC), including a dispute resolution clause through arbitration under Clause 22.2.
A Consortium comprising M/s Tecpro Systems Ltd. (respondent no. 1), M/s VA Tech Wabag Ltd. (respondent no. 2), and M/s Gammon India Ltd. (respondent no. 3) was constituted on 17.08.2010.
M/s Tecpro Systems Ltd. was designated as the Leader of the Consortium.
A Letter of Intent (LOI) dated 30.10.2010 was issued to the Consortium through M/s Tecpro Systems Ltd.
Three Purchase Orders, dated 15.12.2010, were issued in favour of the Consortium.
…Sign in to view the parties.
A Consortium comprising M/s Tecpro Systems…
A Letter of Intent was issued to the…
Two civil appeals challenge an order passed by the High Court for the State of Telangana at Hyderabad under Section 11(6) of the Arbitration and Conciliation Act, 1996, which constituted an Arbitral Tribunal (AT). The dispute originated from an EPC contract awarded by APGENCO to a Consortium, with M/s Tecpro Systems Ltd. (first respondent) initially as the lead member. M/s Tecpro Systems Ltd. later faced severe financial distress, entered Corporate Insolvency Resolution Process (CIRP), and subsequently liquidation. Following this, M/s Tecpro Systems Ltd. invoked arbitration individually against APGENCO. APGENCO and another consortium member (M/s VA Tech Wabag Ltd., also an appellant in a connected appeal) objected to the maintainability of this arbitration, arguing
…APGENCO floated a tender inviting bids from a Consortium of companies for an EPC contract for its Rayalseema Thermal Power Plant.
The tender specifications incorporated Instructions to Bidders (IB) and General Conditions of Contract (GCC), including a dispute resolution clause through arbitration under Clause 22.2.
A Consortium comprising M/s Tecpro Systems Ltd. (respondent no. 1), M/s VA Tech Wabag Ltd. (respondent no. 2), and M/s Gammon India Ltd. (respondent no. 3) was constituted on 17.08.2010.
M/s Tecpro Systems Ltd. was designated as the Leader of the Consortium.
A Letter of Intent (LOI) dated 30.10.2010 was issued to the Consortium through M/s Tecpro Systems Ltd.
Three Purchase Orders, dated 15.12.2010, were issued in favour of the Consortium.
…A Consortium comprising M/s Tecpro Systems…
A Letter of Intent was issued to the…