THDC INDIA LTD Vs. VOITH HYDRO GMBH CO

JUDGEMENT

(1.) Leave granted.

(2.) This case is a classic example of the whole nation suffering on account of the fight between two multi-national companies in respect of each others rights. There is no dispute that the Tehri Pump Storage Plant project is of utmost importance to the State of Uttarakhand particularly, and to the nation generally. Substantial electricity generation is the object of that project. It is only with that objective that a dam was constructed on river Bhagirathi involving crores of rupees for the construction as also for the rehabilitation of the persons who were displaced on account of the construction of dam. Tehri Pump Storage Plant is a project within the larger picture of Tehri Dam and would prove to be a boon for the additional electricity generation. It is a project involving technical issues. The Appellant which is a corporation under the Government of India has been at this project right from August, 2007. Considering the tremendous importance of the project, it has yet not been able even to finalize the tender. Three and a half years have rolled by and yet no progress has been made, thanks to the legal battles in between the two giants called Voith GMBH (Respondent No. 1) and Alstom (Respondent No. 2).

(3.) It is not for the first time that this Court has to deal with the matter. Even about a year back, this Court was required to deal with the matter extensively and while dealing with the matter, the Court, in its order dated 26.3.2010 observed: