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NCLAT asks 3 firms to file claims before liquidator of Lanco Infratech

The companies are KSB Shanghai Pump Co, TLT-Tourbo (Sichuan) Co and Beijing Power Equipment Group Co

Press Trust of India  |  New Delhi 

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The on Wednesday declined to entertain pleas by three Chinese to direct the liquidator of to stay invocation of their performance bank guarantees (PBGs).

A two-member National Company Law Appellate Tribunal (NCLAT) bench headed by Chairperson Justice S J Mukhopadhaya asked the three to approach the liquidator and file their claims if any amount has been received by after invocation of PBGs submitted by them.

"This Appellate Tribunal is not inclined to decide the claim and counter claim as made by the parties, but give liberty to the appellants to move before the appropriate forum for appropriate relief," the said.

The are KSB Shanghai Pump Co, TLT-Tourbo (Sichuan) Co and Beijing Power Equipment Group Co.

"In all the cases the appellants have sought direction to Liquidator to restrain from invoking or encashing the Bank Guarantee. However, the Bank Guarantees were invoked," said

However, NCLAT said it is not clear as to whether the amounts have been realised by on invocation of PBG or not, which was to be released by the Bank of China.

"Therefore, the direction as sought for by appellants to direct not to pay any amount to the Corporate Debtor, cannot be ordered," said the appellate tribunal.

NCLAT said if Lanco Infratech has received the amount out of the PBGs, in such case "we are of the view that the appellants can file their respective claim before Liquidator who may decide the claim."

KSB Shanghai Pump Co had entered into a contract with Lanco for design, engineering, manufacture and assembly for 660 MW Supercritical Ennore Thermal Power Station expansion project and had submitted a PBG of USD 510,000.

The other two firms also got contracts for the same project.

According to them, PBG can be invoked only in accordance with its terms and conditions.

In August 2018, the Hyderabad bench of the National Company Law Tribunal (NCLT) had ordered liquidation of Lanco Infratech after a suitable buyer could not be found under the fixed timeline.

First Published: Wed, September 25 2019. 22:20 IST
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