Epc Constructions India Limited ... vs Matix Fertilisers And Chemicals ... on 9 April, 2025
Author: Ashok Bhushan
Bench: Ashok Bhushan
NATIONAL COMPANY LAW APPELLATE TRIBUNAL,
PRINCIPAL ... 2022)
IN THE MATTER OF:
EPC Constructions India
Limited through its Liquidator-
Abhijit Guhathakurta,
Correspondence office: Deloitte India Insolvency
Professionals LLP, 32nd Floor, Tower
name of Moser Baer Construction Private Limited
(name changed to Hindustan Thermal- EPC Company.
Private Limited (hereinafter referred to as the "HT EPCCPL ... Initially a Section 8 Notice was issued to the Hindustan
Thermal - EPC, which was later on withdrawn and fresh Section 8
and 9 Notices were
name of Moser Baer Construction Private Limited
(name changed to Hindustan Thermal- EPC Company.
Private Limited (hereinafter referred to as the "HT EPCCPL ... Initially a Section 8 Notice was issued to the Hindustan
Thermal - EPC, which was later on withdrawn and fresh Section 8
and 9 Notices were
created SPV for the project in the name of Hindustan Thermal - EPC
(HTEPCCPL)1, which is another group company of the Moser Baer group ... Respondent and Hindustan Thermal - EPC are part of the same Moser Baer
group.
The Appellant highlights several key events and documents to
substantiate the claim
line
towers & accessories and Overhead Aluminum Conductors as
well as undertaking EPC contracts for transmission and
distribution lines, civil infrastructure - roads & bridges ... been on a
successful business model till it entered into EPC segment.
Based on the growth prospective contractions of the economy, a
large number
others, were entered as
crystallisations or EPC conversions.
An EPC amount of Rs.1.70 Cr disbursed on 21.03.2016 was
crystallised ... amount of Rs. 2.79 crore on 25.05.2016 was an Export
Packing Credit (EPC), a pre-shipment facility credited directly to the exporter on
behalf
being a larger bench decision, governs the present issue.
(iii) In 'EPC Constructions India Ltd. (Company Appeal ... decisions of this appellate
tribunal subsequent to Sanjay D. Kakade (Supra), viz. EPC Constructions
India Ltd. v. Matrix Fertilisers & Chemicals Ltd. (2023); Clarion Health
which
Rs 0.75 Crore as Cash Credit and Rs 30.00 Crore as EPC/ FBP Total
Fund Based was Rs 30.75 Crores. The remaining amount ... duly contained in the Sanction Letter
dated 05.09.2017 and all the funding EPC, LC, LOC, and BG were a part
of Consortium funding. Standalone funding
litigation (i) in relation to delays
and defaults leading to increased EPC costs which claims are pending before
an arbitral tribunal (ii) payment of termination
aforenoted discussion, and the
facts of this case wherein the transfer of EPC Undertaking
Company Appeal (AT) No. 171 of 2025
-33-
from the wholly
