AMKV-TECPRO Vs. GAIL (INDIA) LIMITED AND ORS.

JUDGEMENT

(1.) THESE are two petitions under Section 9 of the Arbitration and Conciliation Act, 1996 ('Act') seeking interim reliefs.

(2.) THE Petitioner M/s. AMKV -TECPRO is a consortium of TECPRO Systems Limited which undertakes turnkey projects. Mecon Limited (Respondent No. 2) , on behalf of Gail (India) Limited (Respondent No. 1) floated an e -tender on 28th June, 2011 inviting bids on open international competition basis for laying of the Phase -II of the Kochi -Koottanad -Mangalore -Bangalore Pipeline Project (KKMBPP) which involved testing and commissioning of 884 Kms long steel pipeline for transportation and distribution of re -gasified Liquid Natural Gag (LNG) and associated facilities in the states of Kerala, Tamil Nadu and Karnataka from intermediate piping system (IPS) of Phase -I at FACT Udyogmandal to IPS of Phase -II at Kootanad and from there to Bangalore and Mangalore.

(3.) THE work was to be completed and kept ready for commissioning within 12 months from the Fax of Acceptance (FOA) i.e. from 12th January 2012. The commissioning of gas including all stations/terminals was to be effected within three months after mechanical completion. Respondent No. 1 issued letters of acceptance in respect of both bids on 2nd February 2012. In respect of each of the sections a separate contract agreement dated 20th January 2012 was executed by the Petitioner and Respondent No. 1.