M/S.Nlc Tamil Nadu Power Ltd v. M/S.Tecton Engineering And Construction L.L.C

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 10/10/2025

CORAM

THE HONOURABLE MR. JUSTICE K.KUMARESH BABU in CRP(MD)No.1393 of 2024 M/s.NLC Tamil Nadu Power Ltd, Represented by its Executive Director, Planning and contracts, Neyveli House, 135, Periyar EVR Road, Kilpauk, Chennai - 600 010 and also at Chief Executive Officer, NLC Tamil Nadu Power Limited, Harbour Estate, Tuticorin - 628 004. ... Petitioner Vs

1. M/s.Tecton Engineering and Construction L.L.C, Represented by its Authorised Representative, Samuel Raj Gnanlah Having its Registered Office At P.O.Box 6039, Ajman U.A.E.

and also at No.808, GR, Complex Second Floor, Anna Salai, Nandhanam, Chennai - 500 035.

2. Bank of Baroda, Through its Chief Manager, Mount Road Branch, 150-A, Pb No.2246, Mount Road, Chennai - 600 002.

... Respondents 1/5

PRAYER :- To pass an order of Extension, Extending the Bank Guarantees of Rs. 13,52,70,609/- and USD 150,879/- till the final disposal of the Arbitration OP under AR. OP. No.149 of 2024 on the file of the Learned Principal District Judge, Tuticorin.

For Petitioner : Mr. K.R.Laxman, Advocate.

For Respondent : Ms.P.Elakkiya for R1

ORDER

The matter has been listed today under the caption 'for being spoken to' as it was brought to the notice of this Court that the AR.O.P.No.149 of 2024 stood disposed on 25.09.2025 and therefore, the interim order granted by this Court on 06.10.2025 to extend the bank guarantee ought not to have been made. By order dated 25.07.2024, this Court had directed disposal of the Arbitration O.P., on or before 30.09.2024 and had directed the bank guarantee to be kept alive till 15.10.2024. Thereafter, by order dated 20.09.2024, the Arbitration O.P., was directed to be disposed of on or before 30.11.2024 and the bank guarantee was directed to be kept alive till 15.12.2024. By further order dated 05.12.2025, the case was directed to be disposed of on or before 2/5

05.03.2025 and the bank guarantee was directed to be kept alive till 20.03.2025. This Court by further order dated 27.06.2025, had directed the disposal of the case on or before 25.08.2025 and the bank guarantee was extended up to 10.09.2025.

2. The present Civil Miscellaneous Petition had been filed seeking for a direction to extend the bank guarantee till the disposal of the Arbitration O.P. When the matter was taken up for hearing on 06.10.2025 due to paucity of time, this Court had directed the interim order granted earlier to be extended till 24.10.2025, when the Civil Miscellaneous Petition was directed to be listed again. However, the learned counsel for the respondent had brought to the notice of this Court that the Arbitration O.P., had been disposed of on 25.09.2025.

3. Learned counsel for the petitioner would submit that all along the bank guarantee was directed to be kept alive for 15 days beyond the period which was fixed for disposal of the Arbitration O.P. Hence he would submit that there is no error in this Court direction to extend the bank guarantee till 24.10.2025.

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4. Admittedly, the OP had been disposed of on 25.09.2025 and as of today, the bank guarantee stood valid. Even taking into consideration the submissions made by the learned counsel for the petitioner, the 15 days period from the date of disposal falls today. Therefore, this Court is of the view that the respondent need not be directed to keep the bank guarantee alive.

5. For the aforesaid reasons, this Civil Miscellaneous Petitions stands dismissed. No costs.

10.10.2025 pnn To

1. M/s.Tecton Engineering and Construction L.L.C, Represented by its Authorised Representative, Samuel Raj Gnanlah Having its Registered Office At P.O.Box 6039, Ajman U.A.E.

and also at No.808, GR, Complex Second Floor, Anna Salai, Nandhanam, Chennai - 500 035.

2. Bank of Baroda, Through its Chief Manager, Mount Road Branch, 150-A, Pb No.2246, Mount Road, Chennai - 600 002.

4/5

K.KUMARESH BABU, J pnn

ORDER

IN in CRP(MD)No.1393 of 2024 Date : 10/10/2025 5/5