Cyril Amarchand Mangaldas advised and represented SEIL Energy Private Limited (SEIL) in arbitration proceeding initiated against it by NCC Limited (NCC), on disputes arising out of EPC contracts aggregating to INR 2557 crore. In a significant order, the arbitral tribunal allowed claims of INR 700 crore against NCC, while accepting claims of INR 101 crore against SEIL. The orders that analyzed and addressed significant legal issues pertaining to extension of time claim, imposition of liquidated damages in alleged case of concurrent delays by both employer and contractor.
The Disputes Practice of Cyril Amarchand Mangaldas advised on the matter. The matter was led by Kapil Arora, Partner; with support from Manjula Baxla, Principal Associate; Aditi Tambi, Principal Associate; Palak Nagar, Senior Associate; Prashasthi Bhat, Associate.
Arbitration was initiated against SEIL by its contractor NCC, on account of disputes arising out of EPC contracts for construction of a 1320 MW thermal power plant in Nellore, Andhra Pradesh. NCC had filed claims for total value of about INR 1557 crore, out of which claim for about INR 1456 crores was rejected by the Arbitration Tribunal, and an award of INR 101 Crores was passed in favour of NCC, with interest and cost. SEIL had filed counter-claims to the tune of INR 1000 crores + USD 9.04 million, out of which counter-claims to the extent of about INR 700 crore was allowed by the arbitration tribunal.
The date of the award was 14th September 2023.
