GE POWER INDIA LIMITED Vs. NHPC LIMITED

JUDGEMENT

(1.) The hearing has been conducted through Video Conferencing.

(2.) As per the plaint, the plaintiff company which was initially known as Asea Brown Boveri Management Limited underwent a name change to Alstom Projects India Ltd. on 11th November, 2002. Subsequent thereto on 6th June, 2012 the plaintiff?s name was changed to Alstom India Ltd. and pursuant to a global acquisition of Alstom India Ltd. by General Electric Company on 5th August, 2016 the plaintiff underwent another name change to GE Power India Ltd., i.e. the plaintiff herein.

(3.) The plaintiff?s predecessor, that is, Alstom India Ltd. (earlier known as Alstom Projects India Ltd.) (in short „Alstom?) entered into a contract with Lanco Infratech Limited (in short „LIL?) on 18th May, 2009 for the design, manufacture, test, delivering and commissioning of facilities, that is, Turbine, Generator, Main Inlet Valve, Governing system, Excitation system, Control System for Hydro Electric Project for Teesta VI (in short „Teesta VI Project'). The Teesta VI Project was awarded to Lanco Teesta Hydropower Limited (in short LTHPL) a Special Purpose Vehicle Company, a part of Lanco Group of Companies. Alstom entered into an agreement with LIL inter alia for supply of engineering drawings which were covered by the copyrights owned by Alstom and on global acquisition of Alstom by the plaintiff company, subject to the confidentiality protections for which the plaintiff states that it received part payment and huge payments were still outstanding against LIL. The drawings and documents submitted by Alstom to LIL were used in Teesta VI Project subject to the copyright therein vesting with Alstom. The General Conditions of Contract (in short „GCC?) between Alstom and LIL also stipulated an undertaking of all confidential information given to LIL by Alstom in Clause 3.16.