BEFORE THE HON’BLE NATIONAL COMPANY LAW TRIBUNAL
AHMEDABAD BENCH
OF 2022
IANO.
IN
CP. NO. (I.B) 211/7/NCLT/AHM/2020
No....980
ETD
Di
Mr. Sunil Kumar Kabra Resolution Professional of
M/s. Archon Engicon Limited
Ws
M/s. Uttar Pradesh Power Transmission Corporation Limited
seed Respondent
LETTER OF MENTION
Sir,
‘The enclosed interlocutory application in the aforesaid matter has been
filed on behalf of the Applicant and it may kindly be listed for urgent
hearing.
ee x [Applicant]
8 Through Counsel
wt ‘Ahmedabad Lee
For Learnedminds Legal
eer Date: / 04/2022BEFORE THE HON'BLE NATIONAL COMPANY LAW TRIBUNAL
AHMEDABAD BENCH
TANO. OF 2022
IN
CP. NO. (1.B) 211/7/NCLT/AHM/2020
Mr. Sunil Kumar Kabra Resolution Professional of
M/s. Archan Engicon Limited
Vs
M/s. Uttar Pradesh Power Transmission Corporation Limited
Respondent
MEMO OF PARTIES
Mr. Sunil Kumar Kabra
(Resolution Professional
of M/s. Archon Engicon Limited)
Having address at:
301, 3+ Floor, Reegus Business Center,
Above Mercedes-Benz Showroom,
New City Light Road, Bharthana-Vesu,
Surat-395007
Vs
M/s. Uttar Pradesh Power Transmission Corporation Limited
Office of the superintending Engineer,
Elect Transmission Design Circle,
Shakti Bhawan Extn,10 Floor, 14- Ashok Marg,
Lucknow-226001
Emall-id: seetdc@upptd.org, seetomzp@upptel.org,
ecetd-var@upptcl.org, md@upptd.org, cete@upptel.org
Respondent
(Applicant)
Through Counsel
Ahmedabad
Date: / 04 / 2022BEFORE THE HON’BLE NATIONAL COMPANY LAW TRIBUNAL
AHMEDABAD BENCH
IANO, OF 2022
IN
C.P, NO, (1.B) 211/7/NCLT/AHM/2020
Mr. Sunil Kumar Kabra Resolution Professional of
M/s. Archon Englcon Limited sseseeeApplicant
Vs
M/s. Uttar Pradesh Power Transmission Corporation Limited
Respondent
| [1] Particulars of the Applicant
1, Sunil Kumar Kabra, aged 42 Years, Resolution Professional of
M/s. Archon Engicon Limited, having office at 301, 3 Floor,
Reegus Business Center, Above Mercedes-Benz Showroom, New
City Light Road, Bharthana-Vesu, Surat-395007, Emaikid ;
Girp.archon@gmail.com
The present application is being filed through its Resolution
Professional Sunil Kumar Kabra by exercising the power conferred
under the Insolvency and Bankruptcy Code, 2016.
Jurisdiction:
Registered Office of the Archon Engicon Limited {hereinafter
referred to as the “Corporate Debtor”) is in Gujarat against
whom Financial Creditor, State Bank of India had filed applicationto initiate insolvency resolution process under section 7 of
Insolvency and Bankruptcy Code, 2016. That owing to the facts
and circumstances, this Hon'ble Tribunal vide order dated
7/9/2021. was pleased to admit the Petition CP (IB) no:-
211/7/NCLT/AHM/2020 filed by the Financial Creditor to initiate
Corporate Insolvency Resolution Process (hereinafter referred to
as “CIRP”) of the corporate debtor, Therefore, this Hon'ble
Tribunal has jurisdiction to entertain the present Application,
[3] Facts of the Ca:
The Applicant humbly submits that:
a) Corporate Debtor was awarded with contract agreements
numbers Contract number; 2017/ETDC/2/TD-348/Archon dated
25/05/2011 & Contract number: 2020/ETDC/2/TD-348/Archon,
dated 25/05/2011 (supply and erection) for the construction of
220 KV and 132 KV SC/DC lines on turnkey basis back-to-back
work against tender specification No. TD-348/10.
'b) The contract was provided to the CD by the Respondents for the
Purpose of construction of 220 KV DC lines, 90 kms 220 KV SC
lines, 30 kms 132 kv de fines and 132 kv sc lines in the district of
Mordabad, Uttar Pradesh. The value of the said contract was for
Rs, 30.32 crores on tumkey basis. The contracty Work Order
(hereinafter referred to as workorder") was given to the CD for
completing the construction of transmission lines in different
areas/districts of Uttar Pradesh, The said order is attached
herewith as Exhibit A Colly.
It Is a matter of fact that the scope of work of CD included
2.0 SCOPE OF WORK: -
2.1 SUPPLY2.1.1 Fabrication, Galvanizing, inspection, routine testing &
supoly of tower including stub and Stub setting, templates,
tower extensions, gantries, Special structures like river
‘crossing and anchor towers. if any, D-Shackles. U-Bolts,
hangers, Extensions links etc. Asked on drawings and Bill
Of Material provided by the purchaser, The tower members
like U-Bolt, D-Shackle, hangers, extension links etc, shall
be supplied completely with required number of bolts,
Nuts, washers. spit pins ete, The contractor shall have to
develop shop drawings themselves. Fabrication of
prototype towers, its assembly and proto inspection is also
covered in the scope. Necessary quantities of stee! of
tested quality and zinc for fabrication and galvanizing of
tower parts shall have to be arranged by the contractor
themselves and UPPTCL shall in no way be responsible for
arranging the some and will not accept any responsibility
and liability in this connection.
2.1.2 Supply of Bolts Nuts and washers, and theft bolt & nuts
step bolts, spring washers Conforming to relevant 1S
including wastage if any.
2.1.3 Supply of all type of towers and its accessories like, phase
plate, danger plate, number Plates, anticimbing devices,
circuit plates & Earthing material etc,
2.1.4 Supply of all line materials Le. Insulators, Conductor
hardware & conductor Accessories, except conductor,
earth-wire and Optical Fiber Ground Wire (OPGW and its
accessories and testing Equipment),
2.1.5 The tentative quantities per 10 Km of different category of
lines to be supplied against this Contract have beenmentioned in the schedules Q-1, Q-2 & Q-3. However, the
Contractor will have to supply the materials as per actual
Quantities required for Construction of the transmission
line.
2.1.6 The contractor shall be responsible for coordinating and
‘arranging inspection and testing of items to be supplied by
him including proto assembly inspection of all types of
towers with extensions and stubs at the manufacturer's
‘works" presence of purchaser's representatives.
2.1.7 The design of special structures including river crossing
towers and anchor towers, if any and their foundations
‘other than those supplied by the owner encountered if any
during erection of line shall also be under the scope of
contract
22
224
CONSTRUCTION OF LINE(S)
Survey (preliminary and final), profiling, tower spotting and
preparing tower schedule, peg marking, excavation, stub
setting. Concreting. erection of all types of towers, gantry
structures, special structures like structures for river
crossing. if any tack welding of all the bolts, up to the
height of first section of towers or 5 meters whichever is
higher or as required by Supervising Engineer including
supply and application of Zinc rich primers and two coot of
enamel paint on welding points, with fixing of accessories,
installation of hardware and insulator strings. stringing of
conductor and GS earth wire or OPGW and it's hardware
and accessories with the help of Tension stringing
equipment, fixing of conductor and OPGW accessories,
testing and commissioning of erected line (s), TheContractor has to completely erect test and commission the
line(s)
2.2.2 Unloading and taking delivery of all materials to be supplied
by your Supplier or M/S, UPPTCL suppliers, Transporting
them to your's depots. sorting and stocking them in proper
Storage sheds end yards. safe custody of all materials etc.
2.2.3 Soll investigation, Auger, soil, metal, sand, concrete and
earth resistivity test etc whenever/wherever required by the
purchaser.
2.2.4 Distribution of all materials to the respective tower sites,
2.2.5 Supply of cement, stone metal, sand, stone pad etc. to be
‘used in foundation work shall be arranged and supplied by
‘the contractor without any extra cost to M/S. UPPTCL.
2.2.6 Supply of reinforcement bars conforming to the relevant
ISS for R.C.C, Foundations,
2.2.7 Tools and Plants required for construction of the
transmission lines at various stages shall be arranged by
the contractor at his own cost.
2.2.8 Storage-cum-erection insurance of all material used I to be
Used on line as well as complete insurance of stores till the
toking over of line
2.2.9 Erection, testing and commissioning of the line,
2.2.10 Safe custody and proper maintenance of completed
transmission lines til the same is taken over by the
purchaser.
2.2.11 Return of stub setting template and oil surplus materials to
M/S. UPPTCL nearest Departmental stores,
2.2.12 Any other material, tools and plants, equipment etc. as may
bbe necessary for construction of the transmission line (s)
which have not been specifically mentioned in this. contract
but are necessary for the successful operation of the fines
are deemed to be included in the scope.2.2.13 Other necessary provisions, rules & regulations of Indian
Govt. relating to construction of such lines, navigation,
aviation, Railways. Roods. Highways, forest, PTCC etc. are
to be complied by the contractor,
2.2.14 The erection and installation of aviation requirements
materials conforming to 1S- 5613 shall be in the scope of
‘contractor.
2.2.15 Casting of well and pile foundation is not in scope of
contractor. However, contractor shall be responsible of all
necessary co-ordination with Spl. foundation contractor
during stub setting and fixing of Anchor tower and river
‘crossing tower.
2.2.16 Supply & erection of other items not specifically mentioned
in the Specification but for essential for successful erection,
testing & commissioning of transmission line, Unless
specifically excluded under the scope of the tender, shall
also be the responsibility & liability of the contractor.
d) That for said work order the Corporate Debtor was required to
Provide a security deposit of 1% of the contract value in form of
bank draft and the same was provided by the Corporate Debtor.
As per the seid work order the Corporate Debtor was required to
Provide a performance guarantee as well for 10% of the value of
work order which is also provided by the Corporate Debtor.
) The CD since then has been working under the contract with the
respondents, It Is pertinent to mention here that CD due to some
exigencies was facing financial troubles since 2016 till. managed
to adhere to the responsibilities of the contract and was trying to
get the work completed with other contractors but when the CIRP
process of CD commenced since then the respondents under one
or the other pretext wanted to cancel ie, foreclose the order as4
re
stated above and at last on 25/11/2021 provided with the letter
to for withdrawal of the work order as stated above in the
applications. It is a matter of fact that the order Is foreclose
‘majorly on the reason that the work was going at slow rate.
f) It is further matter of fact that In such case the respondents
Normally encashed the bank guarantee and this case also the
respondent has already encashed the Bank Guarantee and
Security deposit is already with them the total amount is approx
Rs.5.5 Crore,
9) Itis further a matter of point that with regard to the completion
of the work order it is humbly stated that almost 85% to 90% of
the work is completed, It is further submitted that authorized
Person of Corporate Debtor executed bond infavour of the
Respondent and give assurance to complete the pending work
latest by 15/05/2022 and request to respondent to continue the
work on balance lines. A copy of Bond is annexed herewith as
Exhibit: B. That for the remaining 10% to 15% of the work the
applicant has entered into 2 sub-contract with M/s, Uni strength a
Proprietorship firm who have agreed to complete the said 10%
‘work without burdening the Corporate Debtor financially,
Resolution Professional with the permission of Members of CoC
has already arranged resources required to complete the said
pending work of Mfs UPPTCL.
It is a matter of fact that to complete the said order some more
finances are required which is also brought in by the sub-
contractor with sole objective to complete the said work order of
the respondent.
102h) The applicant humbly submits here that since his appointment
"Vide order dated 24/11/2021, Honorable NCLT Tribunal
Ahmedabad Bench, RP has Personally visited twice the office of
the respondents with a request not to foreclose the said order as
the said order Is necessary to keep the CD as a going concern
and It is the duty of Resolution professional to keep the CD as
going cancern in the interest of stakeholders.
“T) That Respondent vide letter dated 25/11/2021 foreclosure the all
i the three lines 1.e. (1) 132 KV SC Aurai (400)-Gopiganj line, (2)
132 KV SC Aural (400)- Raja Ka Talab line & LILO of 132 KV
Bhadohi-Jeunpur and inform that the Bank Guarantees has
submitted by Corporate Debtor against the lines (which were
encashed due to non extension of Bank Guanrtee) and the said
bank guarantee kept as cash deposit for safeguard interest of
UPPTCL towards failure to falthful execution of the Contract.
4) The applicant submits that by various correspondences has
requested time and again the respondents for not foreclosing the
order and even explained that as the CIRP is initiated, the
moratorium is in place. The applicant furthér explained the
process of CIRP and even informed the officials of the
respondents that the said foredasure of the workorder will have
negative impact on the CD and it wil create difficulties for brining
the resolution applicant on board as the said order is one of the
major order because of which CD is stil in position to bear the
day to day expenses and is able ta keep itself as going concern
and even generate employment to many employees during the
times of pandemic as well. The said correspondences are
attached herewith as Exhibit: € colly,
wanfprant
sainsont \&) i) The applicant submits that as per section 25 of Insolvency and
¥] Bankruptcy Code, 2016 to preserve and protect the assets of theCorporate Debtor, including the continued business operations of
the Corporate Debtor. Section 25 of Insolvency and Bankruptcy
Code, 2016 read as under:
Section: 25 Duties of Resolution Professional
25. (1) It shall be the duty of the resolution professional to
preserve and protect the assets of the corporate debtor, including
the continued business operations of the corporate debtor.
(2) For the purpose of sub-section (1), the resolution professional
‘Shell undertake the follawing actions, namely:-
(2) take immediate custody and control of all the assets of the
corporate debtor;
(0) represent and act on behalf of the corporate debtor with third
parties, exercise rights for the beneft of the corparate debtor in
Judicial, quasi-judicial or arbitration proceedings;
(6) raise interim finances subject to the approval of the
committee of creditors under section 28;
(@) appoint accountants, legal or other professionals in the
manner as specified by Board;
(¢) mainiain an updated list of claims;
(9 convene and attend all meetings of the committee of
creditors;
(9) prepare the information memorandum in accordance with
section 29;
(h) invite prospective resolution applicants, who fulfil such
criteria as may be laid down by him with the approval of
committee of crecitors, having regard to the complexity and scale
of operations of the business of the corporate debtor and such
other conditions as may be specified by the Board, to submit a
resolution plan or plans.
() present all resolution plans at the meetings of the committee
of creditors;
@) fle application for avoidance of transactions in accordance
with Chapter It, if any; and
(K) such other actions as may be specified by the Board,
[4] GROUNDS FOR FILING THE PRESENT APPLICATION:-
1. Section 14 Moratorium
It is humbly submitted that the act of respondent is
contravening the provision of the IB Code 2016 as the
order is foreclosed by the respondent during fforatorium.
12Section 14 reads as unders-
“44, (1) Subject to provisions of sub-sections (2) and (3), on the
Insolvency commencement date, the Adjudicating Authority shal!
by order declare moratorium for prohibiting all of the following,
namely:—
(@) the institution of suits or continuation of pending suits or
Proceedings against the corporate debtor including execution
of any judgment, decree or order in any court of law, tribunal,
arbitration panel or other authority;
(©) transferring, encumtering, alienating or disposing of by the
corporate debtor any of its assets or any legal right ar
beneficial interest therein;
(@) any action to foreciose, recover or enforce any security
interest created by the corporate debtor in respect of its
‘property including any action under the Securitisation and
Reconstruction of Financial Assets and Enforcement of
Security Interest Act, 2002;
(d) the recovery of any property by an awner or lessor where
such property is occupied by or in the possession of the
corporate debtor.
(2) The supply of essential goods or services to the corporate
debtor as may be specified shall not be terminated or suspended
(or interrupted during moratorium period.
4[(2A) Where the interim resolution professional or resolution
professional, as the case may be, considers the supply of goods
or services critical to protect and preserve the value of the
‘corporate debtor and manage the operations of such corporate
debior 2s a going concem, then the supply of such goods or
services shall not be terminated, suspended or interrupted during
the period of moratorium, except where such corporate debtor
‘has not paid dues arising from such supply during the moratorium
period or in such circumstances as may be specified.
13a.
mm.
2{(3) The provisions of sub-section (1) shall nat apply to ~
f(a) such transactions, agreements or other arrangements as
‘may be notified by the Central Government in consultation with
any financial sector regulator or any other authority]
(b) a surely in a contract of guarantee to a corporate debtor.]
(4) The order of moratorium shall have effect from the date of
such order til’ the completion of the corporate insolvency
‘resolution process:
Provided that where at any time during the corporate insolvency
resolution process period, if the Adjudicating Authority approves
the resolution plan under sub-section (1) of section 31 or passes
aan order for liquidation of corporate debtor under section 33, the
moratorium shall cease to have effect from the date of such
pproval or liquidation order, as the case may be.
It is dear that the object of 1B code 2016 is revival of the
business of the CD and death being last option and thus the
legistature has incorporate the said provision of moratorium which
ives chance to the CD to stand again and come out of the
financial turmoil with the help of a independent person Resolution
Professional and its expertise to revive the CD and keep it as
going concern so that a resolution plan can be in place and a
third party or sometime even the promoter of the CD (incase of
MSME) start fresh in the interest of all stakeholders.
It is matter of fact that if section 14 in not in place than it gives
chance to other contractors to withdraw the contract and created
more troubles for the RP and CD as the CO won't be able to
manage Its day to day affairs of the business,
‘The legislature while drafting the code thought a step ahead and
very thoughtfully incorporated the said section which bars anysuch type of forectosure of order during CIRP as it will adversely
affect the CD and in turn the interest of stakeholders, Sometimes
genuinely due to wrong business decision or sometime due to
‘some other factors beyond the control management the business
face troubles and to give such business second chance the
legislature incorporated section moratorium which helps RP a
breathing space and to bring the resolution plan for CD and
‘second chance to survive in the economy.
“The objective of 18 Code, 2016, is the revival and continuation of
CD by protecting CD from its own management and from
corporate death by liquidation. It has time and again reiterated
by the Apex Court in various judgements that IB code is not a
recovery legislation for creditors the code is beneficial social
legistation for the CD as the CD going through CIRP is not always
a dose unit many a times it is running unit generating revenue,
employment etc and thus during moratorium any action taken
even for terminating or foreclosing the agreement is barred,
I is important here to cite the judgement of Gujarat Urja Vikas
Limited v/s Mr. Amit Gupta where the Hon’ble Supreme Court of
India held that, the NCLT/NCLAT could have exercised jurisdiction
‘under section 60(5) (C) of the IBC to stay the termination of the
PPA by GUVL and the NCLT/NCLAT correctly stay the termination
of the PPA by GUVL, Hon'ble Supreme Court also held that during
‘moratorium even the contracts cannot be terminated as the same
will bring the CD to the knees and will lead to ultimate death of
the cD,
‘The compilation of the orders and judgements is attached
herewith as Exhibit D colly with a brief synopsis on the legal
aspect of termination of contract during CIRP period.vu.
x
x.
eels
One ry
B) Order 85% to 90% completed:-
‘The applicant humbly submits that the second reason for not
allowing the foreclosure of the sald order is that the orders are
85% to 90% completed and anly 10% to 15% work is remaining
which will be completed by CD and there is no ground that the
work order needs to be cancelled at this juncture and given to
somebody else at the cost of CD.
“That on completion of order the Corporate Debtor will get refund
more than 1 Crore Rupees which can be utilize for the CIRP
expense, day to day expense of Corporate Debtor, Workmen and
Employees dues, Existence employee/workmen towards their
wages and other expense of Corporate Debtor.
It is further imperative to mention here that there are five
resolution applicants and the plans are under consideration of
CoC, so in case the order is not foreclosed it will further help the
RA to maintain the business ties which is also necessary In the
present scenario as CIRP process has already raised doubts about
the credibility of the CD itsel
Thus, considering the entire facts and circumstances It is clear
that the act of respondents to foreclose the order is illegal and
Inappropriate at as stage when only small portion of work order Is
remaining to be completed. It is clear that section 14 is
contravened and thus also the act is not acceptable and illegal.
PRAYER:
In view of the above, it is humbly prayed that this Honourable
Tribunal may greciously be pleased to allow the present
application and pass an order-[6]
0]
[8
[9]
To direct the respondents to allow the CD to complete the work
order,
To direct the respondents to not to take materials from the site
‘Where the CD is constructing the lines and erecting the towers so
‘5 to complete the work order.
To pass any other necessary orders as deem fit by the Hon'ble
NCLT in the interest of justice.
‘That the Present Application is filed bona-fide,
The Applicant herein has not filed any other application
concerning subject matter of this application before any other
court including the Hon’ble Supreme Court of India.
‘The applicant craves leave of this Hon’ble Tribunal to add, alter or
‘amend the contents of Application when required.
PARTICULARS OF DETAILS EVIDENCING PAYMENT OF
FEE FOR THE APPLICATION MADE ONLINE:
Bharatkosh Online Payment Receipt No.t
Date: / 04/2022
Aqnounte2,000/- (One Thousand only) eusteow wserreD
Trae
Place: Ahmedabad
Date: 26/04/2022 fete
(Applicant)“BEFORE THE HON’BLE NATIONAL COMPANY LAW TRIBUNAL
AHMEDABAD BENCH
TANO, __ OF 2022
IN
CP. NO. (1.8) 211/7/NCLT/AHM/2020
Mr. Sunil Kumar Kabra Resolution Professional of
M/s. Archon Engicon Limited -Applicant
Vs
M/s. Uttar Pradesh Power Transmission Corporation Limited
Respondent
RAL AFFID,
1, Sunil Kumar Kabra, aged 41 Years, Resolution Professional of M/s.
Archon Engicon Limited, having office at 301, 3rd Floor, Reegus
Business Center, Above Mercedes-Benz Showroom, New City Light
Road, Bharthana-Vesu, Surat-395007 do hereby solemnly declare and
state on oath as under:
1. I am the Applicant, in the above matter and the present
application file by me and 1 am making this affidavit setting out
the facts and verifying the same on which the Application relies in
the said application.The statement made in paragraphs (1) to [4] and [6] to [9] of
the application herein now shown to me are true to my own
knowledge, and the statement made in paragraph [1] to [4] and
[6] to [9) are based on information, and I believe them to be true
and paragraph [5] is the prayer clause.
Before Me
: Fon aapion evrcog UNTED
Solemnly affirmed at Ahmedabad) " ene)
This day of Apri, 2022) RESOLUTION PROFESSIONAL
‘ Deponent
NOTARY
SURAT CITY (GUI)
GOVT, OF INDIA
Bs BEF ME
20x.
6
Magen. My Commission Expires
2 gut ous on 9th Feb-202"
CO4 oi FO ———eaS
\
1, Sunil Kumar Kabra, aged 41 Years, Resolution Professional of M/s.
‘Archon Engicon Limited, having office at 301, 3rd Floor, Reegus
Business Center, Above Mercedes-Benz Showroom, New City Light
Road, Bharthana-Vesu, Surat-395007 do hereby verify that is stated in
the forgoing paragraphs of this affidavit are true and correct.
fo Aton eneeon cnTED
ise
SOTO ROFSSTONN
‘ApplicantOPT mmr
— *
‘rebar SaeT oes Pe tae
No. 2307 ASTOCAITD-34B/Arehon Dir 18 4672011
i 4B/Archon df 1
‘Aouleast wo 202 THC ACED-SB/A rehion dt, 28.05.2011,
With reference to your acceyenge Kete: No, AEPUMKTG/II2-220KV/2011-12 Dt. 24.08201tfer
bdalvonal Ines ogalnstckage-I(Tienunisshex asi) a addon to Ines of Package-3(vansmission West)
offers vide our LOL no. SIMETDCRVTH-349/Archon dt. 11.03.2011, and allowed vide lever no.
MAYER. 24b/ceneral DL. 6.042011 agalnst the coniract no, 2017/ETDC2TD-348/Archon at
35.05.2011 and contact e020 0TDE/TD.34WArchoa dt, 25.05.2011 entered with you for construction
Of220 KV & 132 KV SCMDC tines on tumkey bass ae horeby amended as under:
{tn addvon vo work of consruction of 9 Kin. 220KV SC & 30 Km of 132 KV DC tines agains 152KV
S48 Chipateey, 220Ky ‘7S Sambal {a Tranraisson West z006(PKO-3) of UP. fuer followlag toes of
‘Trnamisslon Hast(PKG-1} of UP, are alloted to you as mentioned below againat tender spelfetion no.
‘TD-HE/10 onthe snine testes and eontons
0 TANSMISSION EASTIPNG-1) -
Nino $5 ol et coon. | rath =
B20 by 57s Bars
220 hv LILO GorokdhourPG-Berti@ Beas
132 ec Bensi-Duneriogeny 7
132 hy $e Bens Mehdowal 38
BO a7 Ballers tale
132 ge DigharBewre2Z0
TSE 3 Bese ntherpa
132 vac Bello20elialb2
8/813)
[400 WW 575 Avra
"7_ | ESRKV DC Aurei(400)-AuroKls2) ine 0
Laveen —] se) [Oe
‘9. | IS2EV SC Aurel(400)-Raja Ka Telab ine evidas: 30
1 [2EVLILO of 57EV theceh-Tempurine | Neger 30)
[a [SKY Se Songs Gramor ine 2
Cc Tora | 338)(B) The fist of tual tines and their corresponding substation is being enclosed herewith at
‘Anneure+! witch may be summarized os follows'«
SNe | Name ar Line [Liner Avovied [addiiional ines | Total
Earlier in TW’ | allotted in TE. | Length (Km)
ay # eke | Key |
T ere ar ees i
5 1 | 20K DCT. Rit 30 0 :
to 2 ORV SC lines 30 RIL. 90
4 3. 1S2KV DC liner 30 30. 70
ie -[a KV SC ses Rit. 78 3H,
oral 20 FE 358,
1,0 Total cost of supply and erection forthe above lines (120 Kan. alloted earlier + 338 Km.
now)shll be asunder (Revised Ql, Q2 & Q3 schedules of 220 KV DC. 220 KV SC. 132K
SZ KV SC lines (458 Kim.) i annexed here
[SR Peategery oF ine Oy. “apore cost T Overall
: ems Lae Rs eos
Tavera Erection Lae
i component congeners |
se seh
Qe a!
| 22010 DE Lines 20 _| seiav | o653 | Bast 38603
2 | R20 kV $é Lines 90 | 184313 | 9374] 67740 Bab 27
3. [132 kv DC Lines 7o_| eieiz | ivese | 42630 | 432.78
i 4. [132 kV SC Lines 27a [3225.19 [40487 | 165163 ‘528169.
j Tetel Qty. & Ameunt | 458 [5926.01 [861.50] 2909.26 | 9716.7
TOTAL VALUE OF OROEF
SEVEN THOUSAND ONLY
20 COMPLETION SCHEDULE +
241 ‘Theline most be cooyplted with in dave mentioned below fram the date of allotment af tin
i 1, Line upte 10Kma, == Within Semonths of date of alatment of fine,
2, Line from 10 100Kims, ———~ Within 12 months of date of alotment of ine.
3, Line above 100 Kees. ——~ Within 18 months of date of atlotment of tine.
22 — Cantrector have to submit milestones of different activities of supply and erection i the form of
‘bervehart linking with schedule completion dete Immediately not leter thon seven days , If not
submitted so for. Strict edherence to the campletion schedule shall be essence of the contract.
2s
panna | 23
‘The cemplation persed thal be governed et par serul length of ine which comes ov after srvey.
At per shove delivery schedule the allainent of Unen mentioned at colind v0.3 shall be conadarad
‘rom the eutlar date of eletaant ,eltted vide letter no, 4134 of. 6,04.2011, For cokann ne,
4 Vines the delivery sched shall be from the dave of lsu of thie letter
SO SECURITY 6 PERFORMANCE DEPOSIT ;
1% Security & 10% Performance Hank Quuranice (and 3% aWJitional performance puarantee
‘by consorlum parmershall be required to be submited by you in lieu of addtional ines alled to you
‘which sill be valld upio maintenance peri ss referred a clause no. 36 of FORM A.
4.0 All other terms and conditions of the contrac shall rraain the same, This amendment shall be part and
‘the parcel of the coniract.
yet
(Karsh Kad) (PK, Shari }
General Manages Superiiending Engineer
‘Mis archon Engicon Pvt. Lid, EWC Lucknon
Art Shivam Sundaram Complex
‘Opp Haresh Dudiya,
‘Gorukal Read, Memnagnr,
‘Aberdabad 380052PHAR
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{yim DgO 2u0 pus yaaa [es USO sod yeJ0 a1 TuneF Suv; GuBuNIs BulKer| 6
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POR | ana sad | caesssceu ye pu “sormay sod SHE WN
TERNOT TRON ATOTE|
wo seveprmujo pune JO Susy SuypMIAN Am (DIO OTN UI AD OMSL IO AYEE|
DOA VELA Nos $3.LVA1 LINO!
‘Hom Jo wey pads Jo) eeyRA;IUN le)y-D-aINBEUES
(S¥YOM ® ATaaNS)WALI WiDBdS 40 SVE LS3M07ARCHON ENGICON
5 1 TRANSMISSION WEST(PKG-3)
Nine of 6/5 end ines ist ne
TERE 676 Chopriteep
132 W LILO NehteurMoradoboa® 0
Chapriteco IL
220 ky s/s Sania! Moradabad
220 ky S¢ Badu Sonbhal 50
Total 120
TLTANSMISSION EASTPKG-1)
i cine eae eae comm | teat
2 [Bow bon ‘Sele
1 | 220 iy LILO Guru Banana A
2 [182 Bes Donarigey Ea
3 | 182 Bns ehdonl %
8 | 20 ss Ballas tala
| 32h sc Digher-Raweez 0
[5 [ise se tere Halherps 36
6 [132 Boe Sabl 2 2
| 460 W S8 faral 1
[7 ]432kV 0¢ Aurai(400)-aurai(I32) line 10
a [1200 SE her OO) Sarg Ere in zB
9 [BEE SC AwaltO)Rje Tub Tee) tenes [30
10 | IS2RVLTLO oF BREW Bhadeti-Tawporine| Negar [35
11 | IS2KV SC Gopigani-Cyerpur Tne 5
Tora | 8
Gane TOTAL
38ara poor
Tie roman Dre
{ON COTEROMIENT URDERTAKINO)
Strut aaeen Py,
iia Str cate:
‘ast Eee 88 Tou EDIE
Ne 848 /ETDC/2/ TO-348/Archen ‘oted 11/03/2011
Sub Letter of Intent fer entering ito contract for construction of 1326 220 KV SC/DC lines painst
tender speenna.- TD-348,
{als Archan Engicen Pet Ltd.
Inreference te yur offer na AIPL/arkting/RFQ/2010-UG2_ dt 15.1.2010 apis tender seen
to. TD 40/0, we hereby place ltr af tet on yo for enter nt contract for easton of
SPyroc NIL tna of 220 VDC. 90 ns of 220K $e, 30 Bm of 132 kV DC on NEL Ks of IIE AY 56
Tes (aanexare1) hg bout 8.2032 Core (ea for specahzed work metined es per Schedule
4) on ture ey basis ncosing cxcuding sppy of conductors, 7/ 35mm EW Tor LI2KV Inet) ond
Rew (woh its heiware & acessories crguith spy of ll quipmant are material for 2208”)
int Pehegoe-3of tender spec on TD4A/I0 af the flleng rote, teem & cantons of teder
‘pescaton and generl condfin fer Ye supply epee VPCL/UPPTEL bref metined bbw
Ln RATES
Rates ere gwen t endosed price schees ot per devasherinatter~
SN [Trem “Schedule Reference Ann-2)
[Hates Yr sap of owes cd oer ocemoe maal ei
[Thats fer supa ie nae az
z aa
“4 | Unit retes for special item ond works Q-M(a)
5 [orcas foropeel sty ome = 0)
“Tetol cast far supaly ond erection war for different works comes out es under =
BHT Gain aT ne QR aTIO Ka | il eat Uae] vert
ns “Leeks Raper 10 Kin] ost
if a erro
iat] Breeton ies
[component | component
Sch 1 Sch 1
qi_ig2 | as
220 kV DC Lines, Was 17192 | 4427] 76.95. 293.14 NIL
FaoWw scinee [90 [1531 21751 73.20 | 25858 aire
TSE RVOC Lnes [30 lage eva] —sos7 | —zoner east
132 kV SC Lines, Are j no.01 | 1456 [59.42 189.59 NIL
etal L420 Total anstat| “30519
“Approximately Rs Thicty Crore Thirty one Lacs Three Thousand only. a
JToe 40
i “Length
None of S/S and Vines Distr Kms
TSERV 878 Chopriteep
: ae
eee : 7 Z
ZAGikV 37s Sombhal Moradebed
WSC Sodoun- Sabha! .
Totel 7 f20~22
2a
2as
aur
224
22a
22a
225
‘SCORE GF wor
away
FFbrieotion Galvanting inspection. route testing & supply of tower inluding 310 are ste
cwchor
‘ating, tplats, toner extensions, gorries specel truturesUhe ver erasing ere
towers, any, O-Shackles, Bolts, hengers, extension links ete based on drawings ond Bi of
Mater provided by the porchaser. The tower members like U-Bolt, D-Shacke, hergers.
‘extension links ete. shall be supplied complete with requed number of bolts, nuts, washers spt
ns ete, The contractor shall have to cevelap shop drawings themselves. Fabrication of prate
type towers, is asvenbly nd prot inspections lg covered in the cape. Nacestory gucities
of ate! of testes quatty and tne for fabrication nd glvarizng of tomer ports shall have Yo be
‘arranged by the contractor themsehres and UPPTCL shell in no way be responsible for arrenging
‘the sone and wl rat eccept ery respon and Baty in thie connection.
‘Sopp of Bolts Nuts end washers enti the tol & rats, step bets, pring washers conformiog
rerelevant ISS, inching wastege, fan.
Supply of ol type of rowers nd its eccessores Fk, phase plete, danger plete, rumber plates ,
antl cinsing deviees, cit plares & earthing material ete.
Soppy of al line merit i, instars, conductor hardwore & conductor accessories. except
‘anducto, Earthwore and Opticel cer Grawnd Wire (OPGW ond ite cecestares ond testing
equipments)
“The tentative quntti * per 10 bm of different category of lines" be supplied ogsinst this
contract hare been mentened in the schedules Q-l& Q:2 & Q-3, However the contractor oi
hove 10 supply the moteriele at per actos! quntities required for construction of the
‘roatrlssion ne,
“The conroctor shall be responsible for csoriating and orrarging inspection and testing of
ens te be sppted by him including pote assembly inspection of all types of towers wth
extensins and sts ot the manufatorers wor in presence of purchaser's representatives.
“he design of spell srocturs inching rer erssog towers od enchor towers, fy. nd
‘hue faudotions other than these snp by the owner encountered if enduring erection ef
ae sal lo be vder he seope of contre.
CONSTRUCTION OF LINEKS)
Survey (pretninary end fin), prog, tower spotting ead preparing tomer schedule, eg
tanng,excaorion, eb rr conrtig erection of ype Of Towers gantry ster
“el structures tke sructrts Far wer cotsing, fey, Tock welling fl he BOS. 99
‘the height of first section of tomers or 5 meters whichever is higher or as required by
Sugervitng Engrcce. mcixg spi ond appation ef ine rch primers ed Two coet of
enamel pint en welding pss, with (0g of sczesore,ineelotian of horde end inelator
stengs,srnging of conictor ord 6S earth wire or OPGW ord ws hardnore end ecessories
withthe help of Tension stringng equipment, fining of conductor end OPGW cceecteries,
testing od commissioning of erecta (). The confrater hes t campletly eect test nd
commission the line(s).
Unioding od tai deivery of materials to be seppied by your suppher or UFPTCL
supplies, renporting them fo your's cepets,srtng and stcking them in proper storage sheds
od yrds, sfe cutady of omatenels re
‘Sol Investigation, Auger, soll mete, zond, concrete and certh resistivity test ete
whuneveriereses reared by the prehoer
Distibtin of ell materiel tthe rezpece tower sites.
‘Supply of cenent, sone. metal, sen. ston pd et. to be used in foundation work shall be
arranged end rpg the ontracterwthet any exracost te UPPTEL.
way226
aay
aap
229
2210
aan
‘opp ofrtsarcement bars conferring othe relevent T55 for REC. foundotons.
“oot and Pes required for ensrucion ofthe taniission Ins of vriesstoges aha be
error by the cntroctor Ha oon en.
‘Storege-oum-crcction insurance of oli material used / 10 be used on line as well as complete,
Insoenc ef sores til the eho over of le
Erato, esting ond commiasoning of the ine.
Safe custody oe proper mentenonce ot competed tranamison ines 1 the some i Yahen over
bythe porcheser
Return of stub setting templte onda serps meters to UPPTGL nearest departmental
sore
2242 Any other materia, tons end plants, equipment ete, es may be necessary for construction of the
za
22M
2215
‘aniston ine (6) which have not buen specifically mentioned in this contract bot are
necessary for The ssccessful operation of the mer are deemed 10 benched in the 3990
‘Other necestary proms, rules regulations of dion Govt, relating t construction of such
nes, ovgation, ovation, Ralnays, code, highways, free, PTEC ete, ore tobe complied bythe
contractor.
The-eretton ard instalation af eviton requirements meteriels conforming to 15.619 shall be
inthe scape of comractr,
Costing of well and pile fcundation 1 at in scope of contractor, Hewever, contrecter shall be
‘espansble of all necessary ca-ordintien with Spl. Foundation contractor during stub serting
‘nd fixing of Anchor tower ond river crossing tower.
2215 Supply & erection of ther items not specifically mentioned in the specification but ere
ee fs
49
a
sstential for successful erection, testing & commissioning of transmission line, unless
‘specifically excluded under the scope of the tender, shall leo be the responsibility & liability of
‘the contractor,
PRICE VARIATION ~
‘The quoted prices of supply & ercetion shell be vriable without ecling on either side os per
‘price adjustment formule
Ruling date of bese prices of rev mater shell be the 130.2010.
‘Within completion schedule of the bre the price variation shall be grented es per ath date of
inspection offer / competion of werk. afrer completion schedule the UPPTCL lbiity of upwerd
rice voriaticn shell be finited to she loner of price variation amount that apphedble on the
fctual date of inspectian offer / completion of werk or that opplicable on the last dote-of
‘schedule completion date. Sut. m case of wegetive price variation the price verietlon as
opalicable onthe octuel dae of “inspection offer / completion of work shall be edveible. No
Brice voriation shall be admissible en the component of packing & formording, freight &
Insurance charges which shall remain fim,
TERMS OF PAYMENT
The terms ef poyment for vorious items/ works covered under this spciticstion shall be osiper
louse no, 25 of Form - A. However poyment for supplies shell be done only efter completion of
mmisinum erection vorkes per detai's below:
i. Details of Supplies. | Minimum erection work required for payment of
{Quantity wise) sapples
Tied © El one Ser
Eins OTR Tron tamara
3 eee After stort of foundation work
4 ‘25% Toner 10 50% Temer After completion of 25% foundation
5. Berend 50% Towers After completion of 50% foundation
i=] ener After completion of 50% foundotion and start of
Te creer
ee a0i0itf
auras ree
423e Tage apuTres -
‘Ts ed tis shel be per eels enclned end provisions ofthe tender specication,
80 coluperion coven -
‘The ine must be completed wih In time mentioned belw from the dete of alotment f he =
1. Une gprs aneses Within manta date of allotment of Ee.
2. Lie from 10 100Kne, m= Within 2 months of date of aforment of lin,
4. Un ebeve 100Kng, nem Within 18 months of date of allotment of ne.
ener
cr)
30
9.0
a ‘The completion periods mentioned shave are broed guideline to the bidders . however
the conrecter maybe asked to atch completion period of Kies ting withthe relate
Substations For which ines are propased 3 be contrcted.
2°. You have to submit milestones of different activities in the form of
bor-chart linking with schedule completion date , alongwith
‘acceptance letter of LOL
Security Depeslt:
‘Security, for the due and Falthful performance of the contract aeunting Yo Us (one percent)
of the tote ylue of cantrect in the form of Bank Droft or Bonk Guarantee sssued by omr
‘schedule benk in Tndia on prescrised proferme enclosed with tender specifications, shell Be
depasited within 30 doys of the ceceipt of vhs LOE. The Bonk Guarantee shall be furcished on &
renejudiclel Stomp Paper celeuated © Rs. 5.00 per thousand of value of 86 ond macmun Rs.
10,000/- eros per lotest provisions of the Indien Stamp Act. The bonk draft shall be m foe
of "Executive Enginzer (Atteched), ETDC, Lucknew is payable at Luckre,
PEBEORMANCE Gy ARANTEE ® oes
Fer indvidcl Bldder the Parfermence bark guarantee for 10% velue of the comract fer
‘carrect qualty ond satisfactory performance of the works covered under contract shal be
reqired to be subrutted. This bank guoronee shell be void upto expiry of mcitenance pened
‘8 referred ia clause m0-36 of Form-A. Tn case of bid 05 « contortian of firm the lead partner
Freve fo submit 10% performance guorontee ond cansorium partoer(s) has te eubnit 5%
cdeivonal performance guarantee i cote of everd of contract te consortiam of firms i the
ratio of equity of partnership.
CONSTRUCTION OF coNTRACr -
CControcts shal be entered into on the basis of divisible Supphy-cum-Erection Contract on @
ingle seurce responsiblity boss, The supply portion of the Contrect wil relate Yo the Supply
‘of equipment ond meterial end Erection partion will relate to erection, stringing, testing ond
camssonng ct. as specified inthe bedding docoments
wd separate contracts, will not in any way, dilute cespensibiities and hbifies of the
Contractor for succeséful eompleron of work ond fulfilment of ol obligotions ond
‘responsibilities <= per Bidding Dacuents end that both the contracts wil haze © cross-fll
breech couse Le. a breach in one Contract will atomically be censidered as a breech of the
‘other Centrect which will confer on the owner, the right to terminate the other Contract at
CCenteectors rsh end cst end/or cover demoget under ony or both the Contracts
“)100° GRITICAL DEFAULT:
‘he eel tet penad shall connence trem weeks after the contact! Compete
Tn te rd al mms me fren of mn
vennacor fae complete wrk dng the yrid ha cntract Shel be conned ont
te conpenumer/poymant tl be mec to te corrector. The performance ad fecuney at
erertecs of the contactor shat le be encshed ond ll their pending cams thal be
Fertelted For dely of 2 mori to oe year From the start of citi pena he entrector
{hal tot be lowed to poricnate im verders for si months or nimum in one Tenge. F9r
‘hieyof ne yer to to pers. he contactor sal rat be alowed to participate fer fo"
ane yer (or tim in oe tender) Tr exceptinl raistanes Chita! MD, WPT Day
ownver,extend the ertcal default periad after pesiog xtra pensity ver ond above ‘ox
uo muceNTIvE-
For carly congletion of contrected wich enargttion & commissioning of ire ) Pri 19 he
= contractiel completion period inezntive © 0.1% pee month shell be adissble 40 The contractor.
Sf don to the speced provsion in correct form, f delivery extension 1s granted fe the
‘ontroctor under force majeure, the prension of 01% centive shal ot be applicable:
32.0 MOBILISATION ADVANCE
No peyment pir te the despatch of material er work shal be mode by UPPTEL vnder ony
Urcononces Contractors re edvsed rt 10 ask for any such advance povment. af the some
thal not be considered evenIf the controcters are wing "0 pey terest charges thereon,
10 WAYLEAVE
181. The necessary woy Icove in connection with constuction of fine shall be arranged by the
entroter, Contactor sal be solely responsible For ight of way cleared for construction of
line Veriut types of clearances wz Rolnay/forest clearance ete or erp compensotton has 10
be carried ou! by the cntrector ord ery logetic suppart or legal or offcich support shall be
‘rended by the UPPTCL.but i ill remcin the responsibilty of conzacter te get the requisite
‘Gearon cone ord deley in getting clearance does wot ebiole the captrestor for getting
reuse in delaying the eorsruction af be. The erap conpersetion oF ony other payment Mader
for getting right cf way cleared wil be ped ot ectuels os per res of UPPTCL depencing wpon
the production of docueatary enderct.
122 However, the UPPTOL shell exterd al help including supply of necessary documents ond
Information equred in comection wth the way clearence relating tothe flowing
Rainy eossng
Pree
(0) Aicpart/ Field
Go) Forest / Tree cutting
©) Grop/ Tete compensation
(0) Aayother clearence
$2.3 The contractor shll inform the Superssing Engineer obcut the places where there is way leave
petblem incoing forest cress sufficiently in edvance eo that required help can be extended for
(getting the required meyIeoveorrorged In time. Proposes fer way eave ond right of woy shall
be prepared ard submitted by the contractor camplete mth details of type Fete (diameter
“erconference) ond mmber of tees slong with the nome of the cwner thereof duly verified by
local District / Revenue evthorives Tf required help con be extended in peculr cares for
getting the. permission which wll be ebseined by the Contactor within recsonele tine for
iahich due notice ond fine shal be given but within stipuleted framework of time, UPPTEL shel
tot be held responsible fer eny clam on eecount of damage done by the contrectar/eontractor
wo
444
40
at
ao
Ene
ar ht gongs to tees erop or ether property without ether or tssof papers ete frm the
‘Superdatng Engineer, TF ny Ivgntln/court ease crops up dv to lpstton the part of the
‘earthen, th contractor shell resolve she some themselves ord #* wi Be fis Ubi. 0p
Campuraction and competion for tre cltlng and pment for an ether clearance shal be
een by the eonttocor aed popmen of tbe ame wl be mode eftermards of ati, on the
production of regulate docaments
“The contactor shall tehe oll poste ste s0 thot the droge te crops cle: HEP! ¢
trininum ond inthe vent of unvodsble extenivedomege Yo the ripe o the perl developed
trope, the contractor Isto note the extent of damage, the Hine of occurrence, ame of tHe
trop, pct nonber the rome ofthe onner ond the earirctor mat submit such reports f9 the
‘Soptrvising Elneer. However no fnancil babi nach cate shall be borne by UPPTCL-
‘Susatitys
“The lengths of lines mentioned in packages are tenetive, The length/eotegory of Hin of ever
Aerminting points af Haesmay change dus 10 teehcl reason, Not ony this if due to technica
ompulsionsportiulr subvsetion of the peckge is coealed, VPPTCL reseres the ight 1@
‘ewcrd or not te onord ony another Ine(s) ol with athe contracted ve / length
LUPPTCL may consider to award addltlonel lines in future ot the same rates
term & Conditions depending upon the performance of the firm
‘SENERAL/SPECLAL CONDITIONS ~
‘Al terms-& conditions shall be os per Form-A onal those specified in tender specification TD-
348/10.
(UNDERTAicNG ~
[Ai rights of the design/srening for oi types of towers ond foundcions eal be strithy
Teserved with the Purchaser ony ond ony desgne/drovinge/data sheets submited by the
Centrector from time to tine shell became the property of the Purchaser. Under 0
‘Greunstances, the Contrcter shal bs cllowed ta use or offer ebove designs/érowings /dete--
Sheets to ory other euthoriy withaut peer weiten permission of the ewrer. Contractor shall
hove to give an undertaking in ths regard on non ge stamp paper of 1001
Kindly send the ecceptence of LOT within three days of izeue of LOT through FAX/E>
MATL/speed post
“Two hard copies of this letter of intent is alse being sent through post with the request 10
retura ene eopy cuy agned with sionp os token of your ecceptonce so thet derciled contract
tmay be draw for signing the sone. Kirly send the acceptance of LOI within three deys of
ceceipt of LOT,
Yours feithtully
1 Seheddle Qt 0
2. Uist of proposed ies Seer ‘1
iS
onan VR
‘Superatendng Engineer
Director) CElOpertins) CEOS")
Chief Engineer(TEICTCVCTWYCTS) wath the remark he mey kindy iitiove action in
fedvarce, necessary t hs end, for construction ofthe fires included in contractor's scope.
ey46
Gohe pore ~ Qt
Sonex OF TOWERS
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&=_ARCHON ENGICON LIMITED a
19, ‘r
‘the Dvreetor (WRP}, nail Tea.
(lect Teanamission Design cycle, % ¢ALES
UP, Power Corporation Limited, Art KE
Sth floor, Shakti bhawan,
14 Ashok Marg, Lucknow-116001
Subject: Request etter for continue the work on our balance lines (132 KV S/C Aurai-Gopiganj
Nn LSIC Auras Kaas ans tiaol 12 WY Bharani)
Dear Sir,
AS discuss with you of wwe assure and confirm you that we will
complete below given lines as,
n dated 24-Dec-21 at your offi
Bien schedule. n case of non competion of tne as ger schedule UPPTCL
say take required action
S.No. tine Name
ate. Target completion Date
1 TUDKVS/C AiralGopiganj Line 8 x0 apr-2022
“ea tt _ 132S/C Aurai-Raja ka tala ine 30-Apr-2022
3 i 15-May-2022
ro eeues to You Kn graces our payment whichis pending wth UPPTCL anc og tne.
Wel mobiie the eam wthin 10-12 days time at terespectve sie once ye the ceoanee oon
supra
gt7 Thanking you and assuring you our best services at all tunes,
Thanks & Regards
For Archon tie
=? {
ratkanied Signatory
(Shekhar Panchal)
982403384253
Gera ayavaAe
eBdOo-1eany 3/5 AN TE.Exhibit ic
‘Orie of he voparinendlng Engarer
Rec Tranmalaon Desgs Circe
(OP GOVERNMENT UNDERTAKING)
Shak Bhewan Extn, 10° Foor,
{Aah Mar, Ccknon- 21660 NDIA)
aes 7
Dear Sit,
Galt Agreement Noe. 2017 & 2020/ETDC2/7D-348/Aschon (mpply and erection) dt. 25.03.2011 has
‘em snieed with yu for the constucon of 1S2KV eansmsnon ns agate tence specieton 20,
10
1. Of le the construction of ines being constructed by you, have been done ina very slack manner and
UPFTCI. have ben regulary ending to accelerate he props, but no sv :
2 Mottng ad follow-ups were relly done atte highest level and commitments were made bot i
‘ped that 132 KV SC Aural (400)-Copigan line, 132 KV SC Aural (40}-Ra ke Tals ie & LILO
oFIS2 RY Bhadobt-Saunper @ Acre (40) line awarded agains the above refered contact could not be
‘prpltd by you even fier repented pursuance, and beef no work beng cared ou a ine sae pol
+ You sppeared to be unmoved by numerous notices and final voice vide leter ne. 32SV/ETDC/ 2/TD-
0 Fy to a 0 SC nD Sé ues oD Ue
Tab ne & LILO of 132 XV Bhat enpr @ Air 00} Sor ou sep ok Non and oe et
Wil be aid ou on “Deiblebua your scot m,
1 Bank Gusts sobre by you agai th ns (hick wee enabed duet nonextaln of BG at
rec) my be kaput eps wih ws 1 safegadinere of UPFTCL tuned you ao
{thal exeetion of te coneac. The cox ncued by UPPTCLin completing th wrk wine Gated
our des nd your coun wil be edo corpleon of wat tsp pontine conn
‘You ae required to depute your suhorsedcepreseuiativ 19 ETD-IV, Varana fer verification of material of
sean
=( “wanony
“07818,
oraCA, Suoll Kumar Kabra
RP of CIRP of Mis Archon Fogieon Limited
301, 3rd Floor, Reogus Business Cemier, New Citylight Rond,
‘Above Mercedes Showroom, Bharthsna-Vesu, Surat-395007
IBBI Registration No.: IDBUIA-001/1P-P0101 12017-1801 1662
Email 16: ci il som Case specific contact No.: +91 7415170637
01,02,2022
To,
Shri Akkhitosh Srivastava
‘Superintending Engincer, Office of SE,
Uttar Pradesh Power Transmission Corporation Limited
‘Shokti Bhawan, Extn, 10* Floor,
N4-Ashok Marg, Lucknow-226001
biect; Intimation of initiation of Corporate Insol olution Pro
i f ion Professional (RP) wirement of document
Ref-: Your Notice Date! 25th November 2021
Dear Sir,
Wie hereby intimate your good office that Hon'ble National Company’ Law Tribunal,
‘Ahmedabad Bench, has orderet Corporate Insolvency Resolution Prosess vide its order dated
07.09.2021 (order received by IRP on 14.09.2021) in reference to application rel, C.? (1.3) No,
21I7INCLT/AHM/2020 filed by State Bank of India Vs. Mis Archon Engicon Limited (CIN:
'V45204G/2004PLC45191) {Registered Address: Acl, Shivam Sundaram Complex, Above
‘ADC Bank, Opp; Haresh Dudhiya, Guruku! Road, Memnagar. Ahmedabad-380052}.
‘AS per order dated 24th November 2021 (order uploaded on 25th November 2021). the
undersigned, CA Sunil Kumar Kabra has been appointed as Resolution Professional
of the application by the NCT.T. a moratorium under Section 14 of the IBC is
eclared by the NCLT for prohibiting all Kinds of legal procewings aysinst the corporate
debtor effective from the insolvency’ conmencernent date until approval ofthe resolution plan
ion of liquidation proccedings. In this article, we explin the objective behind the
‘moratorium period as envisaged by the IBC and is effect on arbitration proceedings,
‘The following are prohibited upon decaralion ofthe moratorium period:
| The institution of suits or continnation of pending suits or proceedings against the
corporate debtor including exccution of any judgement, decree or ander in any court of
Jaw, tibunal, arbitration pane! or other authority;
562, Transfering, encumbering, allensting or disposing off by the eoxporate debior of eny
of is assets or any legal right or beneficial intrest therein;
3+ Any ction to forectose, recover or enforce any security Inirest ereted bythe corporate
‘debtor in respect of iis property including any action under the Securitisation and
Reconstruction of Financial Asses and Enforcement of Security Interest Act, 2002: and
4. The recovery of any property by an owner or lessor where such property is occupied by
or in the possession of the corporate debtor.
The above prohibitions are subject othe folowing conditions unde the IBC:
|. That the supply of esscntial goods or services to the corporate debtor as may be
specified, shall not be terminated or suspended or interrupted during the moratorium
petiod.
2. The provisions contained ina) to d) above shall not epply to transactions, agreements
‘or other arrangements as may be notified by the Ceniral Government in consultation
‘with any financial sector regulator or any other authority anu shall not apply to a suet
Jina contract of guarantce toa corporate debtor. Thus. application of moratorium inthe
‘above scenarios is prohibited. The order of the moratorium shall have effect util the
completion of the CIRP.
Objective behind Moratorium Period
‘The purpose behind declaring « moratorium is simply to keep the corporate debtor's assets
together in orde to ensure that the company remains as @‘gokig concer: Although the tern
‘moratorium has not been defined under the IBC, however, the Oxford dictionary defines it 10
‘mean ‘a temportry prohibition of an activity’. The Supreme Court of {india ("SC") while
Aiseussing the objective behind moratorium has stated thatthe supply’ of essential goods and
services 10 the corporate debtor during the moratorium period cannot be terminated or
suspended or even interrupted, as otherwise the corporate debtor would be brought to is knees
1nd would not be able to function as a going concem. The SC funher observed in another case?
that the primary focus of the IBC 1s 10 ensure the revival and cominuation of the corporate
debtor by protecting the corporate debtor from iis oun management andl from a corporate
death by lgnidation. The IDC is a beneficcllegistation which puts he corporate ebior back
‘on is Jeet, mol being a mere recavery legislation for creditors.
In another case}, the issue before the Delhi High Coun (“DHC") was whether the
word ‘proceedings’ used in Seetion 14(1)(0) of the [DC micans all legal proceedings or whether
it i to be read restrictively 10 mean a particular type of legal proceeding vir. ‘debt recovery
‘ction’ which may have an effet of dissipating or diminishing the debtor's assets during the
period of its insolveney resolution, The DIIC in this case imer alia held that the tenn
‘proceedings’ does nat mean all proceedings and that moratorium would not apply to
proceedings which are for the benefit of ihe corporate debtor. The ratlonale behind this being.
that there should be no addtional stress onthe corporate debtor’ assets during the insolvency‘rocets, Wit tls rious, in tls eas, the DH held tha proceedings wnder the Arbitration
‘ind Conolliation Ast, 1996 nced not be stayed (clseneod in mare cerall below).
‘Owing to the ambiguity in the laws and te abscree of m consistent framework, the interplay
‘between arbitration and insolvency tows hns evolved asa grey arc often lending tof
various stages of proceedings uniter both the laws. In the next section we tive discussed briefly,
‘the effet of moratorium on arbitmation proceedings ws developed thraugh judicial precedent
Rffeet of Moratorium on Arbitration Proceedings
‘The DHC in the case of Power Grd as expluined above clarifies the scope of moratorium by
Suating that the imposition af marsioriuma would depend upon the nature of the proceedings and
‘hele It is in favour ofthe corporate debtor ar ayant ite, witcher it would have the effect
of diminishing or adversely impacting the corporsie debior’s assets during Insolvency
Fesolutton, tn this case, it was held that the stay of proceedings against an arbitral award in
favour of the corporate debicr would have the effet of stalling the corporate debi’ eftons to
recover money nd thus sul proceedings would not be hit by the embargo of moratorium
‘under the IBC.
Tn cases where arbitration proceedings have hoen initiated afer the imposition of moratorium,
‘the Supreme Court® hns held that such arbitration proceedings are nonsest in law. Whereas in
‘cases where arbitration preceevings have beva initiated before declaration of moratorium. tt
‘same would depend on twa fhelors Le. a) whether the claims are against the corporate debwo
‘or b) whethor the claims ary made by the corpomte debtor. In the first scenario, moratorium
‘Would stand as a legal wall. The NCLAT (appellate tribunal} in the case of Jharkhand Bijti
Vitran Migam Lid. v. VRC. Lid. & Aur.® while deciding on whether a counter claim can
proceed during the period of moratorium while the NCLT allowed the corporate debior to
pursue the claim before the arbitral tribunal held thet although arbitration proceedings can
continue for determining the claim and courier claim, however. na amounts shall be recovered
from the corporate debior during the continuation of the moratorium period, Thus, the outeome
of the proceedings would be the main criteria in determining imposition of moratorium. If the
claims ae proved agains! the corporate debtor making it ixble to repay debt by liquidating its
asseis, then moratorium would be place! and the order will not be executed during the
continuance of insolvency. Thus, arbitrations involving elaimsand councer elas made by al
‘against the corporate debtor may not be hit by moratorium dating the pre-avard stage.
Moratoriu would come ino eect depending upon the nature othe avard and iit isagainst
the corporate debior i.c. leading to diminishing of [ls assets. Further, in the case of SSP
Industries Lid. v. Perkan Foal Pracessors Pvt. Lid? the DHC held that the adjudication of a
‘counter claim would not be liable to be stayed in view of Section 14 of the 13C till he ime
there is no threat to the assets of the corporate debtor and the continuation of the counter claim
would not adversely impoct the corporaie debior's assets. Once the counter claims are
adjudicated and the amount to be paidirecovered is determined, then at that stage or in
exceution proceedings, depending upon the susion prevalent, S
Ache a Boa
5859
Sir, we humbly submit that by virwe ofthis morstorum you are barred from cancellation of
any contracts more spectally when we are willing to execute the same 0s per the plan already
offered 1 you.
{In view of this we request you to kindly permit the continuation of the contract.
Looking forward to your support on the matter.
‘Thanking you
Yous fsithfily,
FOR, ARCHON ENGICON LRATED 1s CRP
wnkect a
CA. Suntt Kamar Kabra
RP of CIRP of Mis Archon Engicon Limited
301, 3rd Floor, Reegus Business Center, New Citylight Road,
Above Mercedes Showroom, Bharthana-Vesu, Sura-395007
IBBI Registration No.: [BBI/IPA-OO1/IP-PO101 1/2017-18/1 1662
Emil 16: cim archon@emsil com; Case specitic contact No.: +91 7415170637ctlon Z1BC
INTHE MATTER OF:
State bank of India
Vis
Archon Engicon Lid
Coram:
Madan B. Gosavi, Hon'ble Member(J)
Virendra Kumar Gupta, Hon'ble Member(T)
PRESENTS:
For the Applicant
For the IRP/RP
For the Respondent
ORDER
‘The case is fixed for pronouncement of order.
60
STEM No.146
CP(IB) 214 of 2020
pplicant
seumRespondent
jer on 07/091
The order is pronounced in open Court vide separale sheet.
{VIRENDRA HJMAR GUPTA)
MEMBER{TECHNICAL)
Prakash
et
res AONE
iw)
. 20718 861
NATIONAL COMPANY LAW TRIBUNAL
AHMEDABAD BENCH
COURT 1
| IN THE ADJUDICATING AUTHORITY
| €P (1B) No.211/7/NCLT/AHM/2020
An application filed under Section 7 of the Insolvency and
Bankruptcy Code, 2016
In the matter of :
State Bank of India
Registered office at
SAM (Stressed Assets Management) Branch,
Paramsiddhi Complex, 24 Floor,
Ellisbridge,
‘Abmedabad-380006 «Financial Creditor
Versus
M/s, Archon Engicon Ltd.
CIN:U45204GJ2004PLC45191
Registered Office at:
A-1, Shivam Sundram Complex,
Above ADC Bank, Opp: Haresh Dudhiya,
Gurukul Road, Memnager,
‘Ahmedabad-380052 s+ Corporate Debtor
Date of Hearing: 06.09.2021
Date of Pronouncement of Order 07.09.2021
Coram: MADAN B. GOSAVI, MEMBER(J}
VIRENDRA KUMAR GUPTA, MEMBER (T}
‘Learned Counsel Ms. Aishwarya Reddy for the Financiel Creditor.
Learned Counsel Ms, Shree M. Kotwal for the Corporate Debtor.CP 1B) Ho.94/7/NCLT/AHTM/2020
ORDER
[Per: VIRENDRA KUMAR GUPTA, MEMBER (T)]
1. This application filed under Section 7 of Insolvency & Bankruptcy Code,
2016 (hereinafter referred to as CODE}, The amount of default has been
claimed at Rs.2,79,89,48, 123.65 as on 29.02.2020. The date of default
has been stated as 01.02.2016,
2. Learned Counsel Ms. Aishwarya Reddy for the Financial Creditor
appeared and submitted that in this application only issue which was
required to be considered was whether the application has been filed
within limitation or not as all other conditions i.¢ there being a debt of
more than threshold limit for filing application under Section 7 of CODE
and there is a default in repayment thereof, have been fulfilled. As far
‘as aspect of limitation was concerned, the debt originally fell due for
payment on the account being classified es NPA on 01.02.2016.
Subsequently, the Corporate Debtor submitted a proposal for OTS on
31.03.2018 which was before the expiry of three years’ period from the
date of default, hence, the same extended the limitation period for filing
thie application in terms of provision of section 18 of Limitation Act,
1963.
It was also pleaded that the name of the IRP has been proposed whose
consent was also on record, hence, such person can be appointed as
IRP.
4. Learned Counsel for the Corporate Debtor contended that the mater
could be decided on the basis of the facts of the case, as well as
considering the material on record.
626.
(CP (QB) No.213/7/NCLT/ABM/2020
‘We have considered the submissions made by both sides. It is noted
that the account of the Corporate Debtor has been classified as NPA on
01.02.2016, From the perusal of the proceeding, which have taken
place, it is noted that the Corporate Debtor sought adjournment on the
ground of offer of OTS had been given to the bank which was under
consideration. Such plea was made on 09.03.2021. Subsequently, this
Proposal has been rejected by the bank, Accordingly, this matter was
taken up for hearing today.
‘This is a case where debt has been admitted not only through earlier
proposal of OTS which had been given on 31.03.2018 but subsequently
also, Even otherwise, it is nobody’s case that the loan amount does not
appear in the belance sheet of the Corporate Debtor which by itself is
‘sufficient to extend the limitation period.
‘The application is otherwise complete and defect free. The name of IRP
‘has also been proposed which is mandatory for an application filed
under Section 7 of CODE and whose consent is on record. It is also
noted that no material exists on record as regard to disciplinary
proceedings, if any, being pending against such person. Accordingly,
We appoint Mr. Parthiv Parikh, having Registration No. IBBI/IPA-002-
1P-N00369/2017-2018/11063, Email: parthivparikh25égmail.com as
Interim Resolution Professional. Hence, we admit Corporate Debtor in
CIRP and pass following order:
ORDER
1, Corporate Debtor M/s Archon Engicon Ltd. is admitted in
Corporate Insolvency Resolution Process under Section 7 of
Insolvency and Bankruptey Code, 2016.
2. We appoint one Mr. Parthiv Parikh, having Registration No.
IBBI/IPA-002-IP-NO0369/2017-2018/ 11063, Email:
63(OP (1B) No.211/7/NCLT/AHM/2020
parthivparilkh25d gmail.com under Section 12(2}(c) of the 1B Code
aa IRP.
‘That the Moratorium under Section 14 of the Code shall come to
effect from 07.09.2021 till the completion of Corporate Insolvency
Resolution Process or until this Bench approves the Resolution
Plan under Sub- Section (1) of Section 31 or passes an order for
liquidation of Corporate Debtor under Section 33, as the case
may be,
‘That the Bench hereby prohibits the institution of suits or
continuation of pending suit or proceedings against the
Corporate Debtor including execution of any judgment, decree or
order in any Court of law, Tribunal, Arbitration Panel or other
Authority(s), transferring, encumbering, alienating or disposing
of by the Corporate Debtor any of its assets or any legal right or
beneficial interest therein; any action to foreclose, recover or
enforce any security interest created by the Corporate Debtor in
respect of its property including any action under the SARFAESI
‘Act, 2002 the recovery of any property by an owner or lessor
where such property is occupied by or in the possession of the
Corporate Debtor.
Further, litigation or any application, if any, is pending before any
‘competent Court of law under the provisions of the SARFAESI Act
and RDB Act, prior to pronouncement of this order such
proceedings are expected to be dealt with in accordance with law
r.w, Section 14 and Section 238 of the Insolvency & Bankruptcy
Code, 2016,
‘That the supply of essential goods or services to Corporate
Debtor, if continuing, shall not be terminated or suspended or
interrupted during the Moratorium, period. The Corporate Debtor
epee cat
vr FoF8
10.
uw
Cop on) Ho. 11/9/NOLT/AHM/ 2020
to provide effective asuistance to the IRP as and when he taken
charge of the Corporate Debtor.
‘The IRP so appointed shall make Public announcement of
Corporate Insolvency Resolution Process (CIRP) be made
immediately as specified under Section 13 of the Code and by
calling for submissions of claim under Section 15 of the Code,
‘The IRP shall perform all his functions as contemplated, inter:
alia, by Sections 17,18,20 & 21 of the Code. It is further made
clear that all personnel connected with Corporate Debtor, its
Promoter or any other person associated with management of the
Corporate Debtor are under fegal obligation under Section 19 of
the Code extend every assistance and co-operation to the Interim
Resolution Professional. Where any personne! of the Corporate
Debtor, its Promoter or any other person required to assist or co-
operate with IRP, do not assist or Co-operale, IRP is at liberty to
‘make appropriate application to this Adjudiceting Authority with
‘a prayer for passing an appropriate order.
‘The IRP shall be under duty to protect and preserve the value of
the property of the "Corporate Debtor Company” and manage the
operations of the Corporate Debtor Company as @ going concer
as a part of obligation imposed by Section 20 of the insolvency &
Bankrupicy Code, 2016.
We direct the Financial Creditor / Applicant lo pay the IRP a sum
of Re. 2,00,000/- (Rs. Two Lakh) as advance against fees &
expenses till the COC decides about his fees / expenses
‘The Registry is directed .o communicate a copy of this order to
the Petitioner-Financial Creditor, Corporate Debtor and to the
65(OP (1B) No.214/7/NOLT/AHM/2020
Companies, after completion of necessary formalities, within
three working days and upload the same on website immediately
after pronouncement of the order.
12. The commencement of Corporate Insolvency Resolution Process
{CIRP} shall be effective from the date of this order.
13. CPB) No, 211/7/NCLT/AHM/2020 is allowed and stands
disposed of.
oS hKukh,
Prakash
66(TEM No 12
WAr781(AHM)2021
in
‘CP (IB) 244 of 2020
‘Qtder under Section 7 18C
INTHE MATTER OF:
‘State Bank of india ssenenApplicant
Vis
‘Archon Engicon Lid Respondent
Order delivered on ..24/11/2024,
Sorem:
Madan B. Gosavi, Hon'ble Member(J}
‘Ajai Das Mehrotra, Hon'ble Member(T)
PRESENT:
For the Applicant Ms, Aishwarya Reddy, Advocate,
For the Respondent
QRDER
1A/781(AHM)2021 is filed by one of the members of Committee of Creditors
{CoC) under Section 22 of the IBC for replacement of IRP by appointing new
RP.
We heard Ld. Counsel appearing for the applicant.
We have gone through the matetial on record. At page no.34 IRP has consented
for his replacement by new RP, new RP has also given his consent at page 10.35.
‘Sinoe CoC decided to replace the IRP by appointing another professional as RP, we
allow this application, Mr, Sunil Kumar Kabra is appointed as RP in place of IRP Mr.
Parthiv Parikh. We direct (RP to hand over all dacuments/papers and assets of the
‘Corporate Debtor to the new RP within three days from today. RP to proceed CIRP
as per rules.
With this, IA/781(AHM)2021 is allowed and disposed of,
(AJALDAS MEHROTRA ) (MADASLE-GOSAVI)
MEMBER (TECHNICAL) MEMBER (JUDICIAL)
‘seca
67CA. Suntt Kumar Kati:
RPOICIRP of Mis Archon Engieon Liked
301, ed Flor, Rasgun Business Cenier, New Clit Road,
‘Above Merendes Showroom, Dharhena-Veeu, Sarl-95007
{BB Registtion No IBDIIPA-DO(MP-PO10 2017-187, 1662
au: sm accbaodamalcin: Case specie conte! No. 491 1415370637,
Date: 17.02.2022
To,
‘Managing Director,
Uttar Pradesh Power Transmission Corporation Limited
Shakti Bhawan, Extn, 10° Floor,
‘14-Ashok Marg, Lucknow-226001
ment Nos 2017-4 2000 ds/Archon Gt
Ref 1. Your Notice Dated 25.11.2021
2, Ont letter dated 01.02.2022
Dear Sit,
Greetings ofthe dey...
‘We have informed your good office by our letter dated 01.02.2022 about the initiation of CIRP_
‘of Mis Archon Engicon limited (AEL) and appointment of CA Sunil Kumar Kabra 2s a
Resolution Professional (Officer of the cout in the matter,
‘Weare in ectipt of your lec dated 25.11.2021 where you have withdrawn work alloted to
‘Mls AEL with respect to incomplete Transmis Jines allotted against Agreement
7. D 1m. 05.11,
‘Myself Sunil Kumar Kabra along-with Mr. Chandrashethar B, Panchal (suspended director)
visited your Hon. Office on 16.02.2022 to personally appraised the matter to you, but that day
iteould not be done due to your continuous back-to-back meetings.
‘We would fke to inform you tha the company is facing severe financial crisis and could not
complete the alloted work within the allowed time. But now the company is under Corporate
Insolvency Resolution Process as per provisions of TBC, 2016, Power of hoard of directors hes
‘been suspended and the control of the company isin the hands of exeditors through commitiee
of ereditors formed as per IBC.
‘The main moto of the IBC to keep the company as # yoing concem, to save the employment
and thaintained the value ofthe corporate debior i the interest of all the stakeholders. Further
‘moratorium has been imposed on the AFL as per section 14 of IBC. Resolution Professional is
‘under the duty to protect and preserve the value of the property of the corporate debror (AEL)
‘and manage the operation of the corporate debtor cornpany as a going concern 23 a part of
obligation imposed by Section 20 ofthe IBC, 2016
We would aiso like to inform you about the judgement of Hos,
Mis Gujarat Ua Vikas Limited Vs. Mr. Amit Gupta,"The NCLTINCLAT Gorvecily stayed the termination of the PPA by the appellant, since
allowing it fo terminate the PPA would eetainly result nthe corporate death oft Corporate
‘Debtor due ro the PPA." (Copy ofthe order is attached for your ready reference)
Sir, we bumbly submit that by virue ofthis moratorium you are barred from cancellation of
‘any contracts more specially when we are willing to execute the same, Please allow us 10
execute the balance work and be a pat in revival of corporate debtor M/s Archon Engicon
Limited, We have alresiy ercenged all the resources required to execute the work and the work
‘can be completed within 6 to 7 months.
In view ofthis we reqiest you to kindly permit the continuation ofthe contract by revoking
‘your letter dated 28.11.2021.
Looking forward to your support on the matter We also request you to please provide us an
appointment to meet through VC/personally to appraise you on the matter,
aula 20 Axcion
‘Yours faihfully, INfcme peer
sasouunil Por
CA.SunKumarKabra
[RP of CIRP of Mis Archon Engiéon Limited
[BBL Registration No.: IBBVAIPA-001P-PO1011/2017-18/11682
‘Email 1d; sip.archon/@lgmail.com; Case specific contact No,: +91 7415170637
(Copy to: Shri AKdilesti Srivastava, Superintending Engineer, Office of SE
Enclosures: 1. Order of Hon, NCLT dated 07.09:2021 and 24.11.2021
2. Letter isoued by IBBI to Sunil Kabra proving a8 an officer of the court
12. Your leter dated 25.11.2021
3. Our letter dated 01.02.2022
4, Copy of order of Supreme Court relsled to our matterDiet Trananson Deseo Cece,
(UP COVERNMENT UNDERTAKING)
‘Sonat Bhawae Ext, 10" Floors
Te cAskok Marg, Luchinows 226001 (INDIA)
‘Peer QS01 2067001, Tae 85S Fax, OS12-2287072
DirFeb. 25, 2022
‘Subs Regarding withGrawal of tise agalost Tender Specifeatan no, TD-348/10,
CA Suni! Kumar Kabra sein.
RP of CIRP of M’s Archon Engicon Limited
‘301, 34 Floor, Reogus Bussiness Center,
‘New Citylight Road, Above Mervedes Showroom,
‘Bharthana-Vesu, Surat-395007
‘Esmait: cimarchon@emall.com
Dear Sirs,
Please refer to your fetter dt.17.02.2022 vide which you have requested for revoking this office
leer no, 424S/ETDCRITD-348/Archon 25.11.2021 vide which following lines have been
withdraw ftom Mis Archon Engicon Limited alloted agunst tender Specification no, TD-348 and
further it has been requested by you to allow you executing the balance work which can be
completed within 6 to 7 months:
1. 132KV SC Aursi(400)-Gopigan ine
2, 132KV SC Aurei(400)-Raja Ka Tals fine
3. 152KV LILO of 152KV Bhedohi-Jaunpor tine
In this eferenc, it to inform that above lines have betn withdrawn from Mis Archon due to nen
‘completion of transmission lines by them even afer repeated pursuance instructions, ties and
ther callous approach towards work an flre to complete the work Pease note that thee ines
‘were alloted 19 Mis archon in 2011 against contract co. 2017 & 2020/ETDC/2/TD-348/Archon
(supply ad erection) dt. 25.05.20. Several commitments were made by Mis Archon in verious
tmeetings with UPPTCE. in these years to complete the lines but they never adhered to their
cominumens resulting {i about 10 years dely in transmission line work which is a part of
‘sential serves to publica large and vital in development and prosperity of state and nation. 1 is
very unlikely that Mis Archon who has already been refered to NCLT by their lenders due to
financial default, can now complete the work in 67 months, as sated by you,
It would be relevant to refer tothe linewise status of all the elements of the contractual work, a
perusal of which would clearly cevesl the fect thatthe Petioner has infact completely abandoned
the project in gross violation ofthe contract. Further, any tempt to restart the same would require
«huge financial input from M/s Archon which is eicumspect given the seal helth of Mls Archon
‘and the fact that M/s Archon is undergoing Insolvency Proceedings. Besides RP has to work with
‘consent of ereditors and in present scenario itis very unlkely that infuston of additonal funds shall
be allowed by the creditors. Further, in case RP is replaced by the creditors, before completion of
the works, whether the lenders will undertake the accrued losses,
‘Wis Archon have been given sufficient opportunity and time to improve their working and complete
the work but al they did was false promises and commitments. Therefore, UPPTCL is bound 10 get
the batencs work completed by anolher agency as pet terms and conditions of contract. Further,
Habe Supreme Court order, referred in your later, does not apply inthis case, as Js
‘mentioned therein that PPA was tenninated by the appellant only on account We Pee
eat te. CaN
wai sanu! Va)
wae de
van] Ey Ya)Inte wganst the corporate deb, which two the ene here. fn fet, Mis Archon kept UBPTCL
{in dark asd did not inform about the NCLT proscedings; it was only afler your letter et.01.02,2022,
that we came to know about the same,
Please note that notices were already served to Mis Aicibn and final notice was served to M/s
Archon vide letter no. 3257/ETDC/ 2/TD-348/Aschon dt. 07.07.2021, however, M/s Archon did not
‘pay heed to it and lines were eventually withdrawn on 25.11.2021 as per terme and conditons of
‘contract. You may please appreciate that it isthe duty of Resohation Professional to determine the
Financiol Position and Liabilities of corporate Debtor. In this context, please note that UPPTCL
‘have been requesting repeatedly to M/s Archon for completing the material reconciliation but they
hhave not cooperating with the concemed divisions for the same, Please note that only after
‘completion of material reconciliation st division, final accounting can be done and liabilities can be
finalized agsinst M/s Archon. #
1 view of the above, bang « GoUP undertaking, is the duty of UPPTCL that construction of
lines, get completed atthe earliest, for public interest at large and safeguarding UPPTCL from
futher huge revenue losses.
Yours Sincerely,
ie
a ‘Superintending Engineer
WH Dir (WAP), UPPTCL,
2. CE (D&PYCE(TSE), UPPTCL, Lucknow/Prayagra
3, SE ETC, UPPTCL, Mirzapw,
4. EB, ETD-IV, UPPTCL, Varanasi.Seappnmem me sieumentomens
‘CA.Sanil Kumar Kabra
[RP OCIRP of M's Archon Engle Limited: ~
301 ny Rage Cn, Nh ans
RBI Region
Mercedes-Benz Showroom, Bharhans-Vers,Sur-39S007
No: IRBUQPA-0O1/IP-PO1OL1/2017-18/11662
‘16th Marth 2022
To
Superintending Engineer
Blecticity Transmission Design Cirle
‘Mls Untar Pradesh Power Transinission Corporation Limited
Shakti Bhawan, Extn, 10th Floor, 1 Ashok Marg, Lucknow-226001
edi wal of line again ea
Refs Later na, BOVETDCA/TD-HWArchon dated 25.02.2022,
‘As you are already aware that Hon'ble National Company Law Tribunal, Ahmedabad Bench,
bas ordered Corporate Insolvency Resolution Process vide its order dated 07.09.2021 (order
received by IRP on 14.09.2021) in reference to application ref. CP (LB) No.
211/7INCLTIAHM/2020 filed by State Bank of india Vs. M/s Archon Engicon Limited [CIN:
‘U4S204032004PL.C4Si91] [Registered Address: A-1, Shivam Sundaram Complex, Above
‘ADC Bank, Opp: Heresh Dudhiya, Gurukal Road, Memnager, Ahmedabad-380052}.
‘AB'per order dated
12 November 2021 (order uplosded on 25® November 2021), the
‘undersigned, CA Sunil Kumar Kabra hes been appointed as Resolution Professional,
‘This is with reference to Contract agreement No, 2017 & 2020/BTDC/2/TD-348/Archon
(supply and erection) dated 25.05.2011. You have issued a leter dated 25.11.2021 stating 10
‘Withdrawal of incomplete transmission lines allotted against the said agreement. In response of
which we hd issued e letter dated 17.02.2022 for revocation of withdrawal order issued from
your office,
~ Weare in receipt of your letter dated 25.02.2022 and we would like to submit as under:
SL.
‘Your concern
‘Our Response,
‘Seveed) corumitments made by
‘Archon Engioon Limited to
‘complete the pending work but
‘everytime they filed to fulfil their
promises
“The account of ABL has become Noa perfonaing
asset in the year of 2015-16, The company might not
have funds to complete the work. However,
insolvency proceedings initiated against the
‘company on 07.09.2021 and Sunil Kumar Kabra
appointed as RP w.tf 24.11.2021.
‘ABL bas completely abandoned
of|
the project in gross viel
AEC is undergoing insolvency
proceedings as per IBC, 2016
and RP has to work with consent
of ereditors and itis difficult to
{infusion of additional funds by
| |
(RP has discusied the matter with committer of
‘Submission is same as above
creditors formed as per provisions of TBC, 2016 and
with their approval, engaged an agency who will
Infuse the addtional funds and also responsible for
completing the balance work. Hence creditors gr}
fo “agony COM LoMTTER
“SOLUTION D8FESSI0HA73
ae eis —*TTenden nde wt ta deploy any edna Fads for
completion of pending work for the work orders
_—— —- Ws AL and
4 | How the work can be completed | Team jloyed by Z hs
‘in next 6 to 7 months, Chandeubeice B, Pench (ember of supended
board) will cooperate with the agency tO complete
ba eased Be erate won in ely mane, el
RD ie replaced by the creditors, | is true that committee may decide to replace the
| before completion of works, | RP and he can be replaced by the order of Hon.
whether "the lenders will | NCLT, bu in the present ease an agency has alreedy
‘underike the acrued fosses. | been engaged to complete the work and lenders need
not give any undertaking for the acerued loses. M's
‘UFPTCL has already sulfered the losses duc to delay
in exeeution of work and tlso encashed the FBG
provided by the AEL. Now this exercise is to be
undertaken to complet the balance work as early as
possible. I is also necessary to keep the company
{ABL) asa going concer, which isthe min motive
of BC, 2016.
© [Mater of materi | We request UPPTCL to allow company (AEC) to
reconciliation ‘complete the pending work, if they allow then ia that
case the materiel kept at warehouses, will be used 10
complete the pending work,
In ease if UPPTCL does not allow AEL to complete
the balance work then in that case we will instruct
‘and authorize Mr. Chandrashekher B. Panchal
(member of suspended board) to undertake the
ewercise of handing over the material kept in
warehouses to the UPPICL, immediately on
‘communication received from the UPPTCL in this
regard.
Kindly acknowledge the receipt ofthe same,
‘Yours fithlleon ancioneiicon umeD
STO
CA. Sunil Kumar Kabra
Pin CHRP of Archon Engin Lint
TBEL Regina No IBUTPsOO/P-0 1011201711162
‘Baul tcp orchen@aumel pn Cae wpe ote No #91 71517067‘Die are sapeiaientiog Engineer
Eis! Trasumiston Delen Cirle.
(UP GOVERNMENT UNDERTAKING)
Shak Bbswaa Extn, 10" lor,
‘WeAtbok Marg, Lacksws 226 061 QNDIA)
‘Teles O5D2-2267701 Bet e385 Fae OS22-2007872
NelBEG ETOCAMDSWArchon De Apel O6 1022
‘Subs Regarding withdrawal of line xpalast Tender Speliatlon a, 7D-340/8.
Sunil Kuta Kabra
[RP OLCIR? of Mis Archon Bogicon Lied
4301, 3 Poo Roegus Bussiness Cenir,
Now Citylipht Road, Above Mercedes Showroom,
Bharat Vers, Surat 395007
= ‘E-mail: simarchan@gmail.com
DearS,
eer a you ml 07062022 & 160.202 reptig contrition of alee work of flowing
82 ao ines waa fam scope of Ms Archon vide tof leer no, 24SIETDCITD 3/ArC6
4125.11.20 surat ender Speciation nt. TD 38:
1. 1S2KV 8 Aura 400)Copiany ne -
2. BIKY SC Aor} Ron Raa ne
3. IS2K LILO of 132K Badan fne
Inti refeene, as shendy informed vide this office Jeter ao. 802 ETOCIITD 348/Archon dt. 2.02202,
‘owe las have been witdrva fom M/s Archon dae to con completion of tansnision Kes by ter
ven afer repeated pursuance, instuctons, notices and ther callous approsch towards work and failure to
samplee the work, Therefore, UPFTCL, « GOUP saderaking, is bound io get the consbusion of Inet
‘complied fom anaher agency on dbiuble basis ts per tem nd canons ef contact.
tia worth mentioning here tht above lines are ta be connected to 220KV GIS Bhadabi substation, a project
fssounting epprox R.1S1.72 Cr. and eonsiicion of which is already in very advance stage, Therefore,
‘bore 03 lincs are vo be completed in tandem wih ther elements ofthe projec a earliest
Funes, it is Kily requested once again to instruct and autherie someone for completion of material
‘reconciliation at concemed division atthe exis, 0 that final accountng canbe done and lables can be
finalized agains: Mis Archon, It is worth mentioning kere that ax whe given deadline for material
‘econcittion as already passed and M/s Archon is keeping dhe UPPTCL. maverial illegally in their store
hindering the completion of balance work.seat t
;
‘CA. Sunil Kumar Raby
RRorct os Mech Bngion Ltd
301, hd, Ress Dates Caner, New Chih Rows,
‘Above Maratde-thnz Showroom, Baom-Veu, Su J88007
{MBI Repcrmiea No IBMIAPA-0017T-PO101 12017-11682
Ena cima Coe psi ons No 091 ML5170607
PApil 2022
kh
‘Supetinicning rngineer
Blcwicy Yrarmiission Design Circle
Mls Ur Pradesh Power Transmission Corporation Limited
‘Shakti Bhawan, Extn, 10th Flor, 14+ Ashok Marg, Laekiow-226001
Re wal of line nga Si nn.
Ref Lener na 1336CETDORTD-248/Archon dated 08.04.2022.
Dear $i Matin,
Asyon
«tres ty awe that Hon'ble National Company Law Tribunal, Ahmedubad Bench,
bias enkred Conporate Insolvency Resohiton Process ide is order dated 07.09.2021 (onder
eeivce by IRP on 14.092021) in scference to application ref, C.P (LB) No.
‘2AV7NCL.T'AtIMI2020 filed by State Bank of India Vs. Mls Archon Engicon Limited (CIN:
[Uss2031i)2004PLCASIT) [Registered Address: A-L, Shivam Sundaram Complex, Above
ADC Bou, Oy: Naresh Dudhiye, Guru Road, Memnagar, Ahmedabad-380052)
AAS per ondct dated 24% November 2021 (order uploaded on 25" November 2021), the
‘undersipte, CA Sunil Kumar Kabra has been appointed as Resolution Professional.
‘With rwence 1 your above-mentioned letter, we would like to inform you that suspended
members! boat Mis Archon Fngicon Limited has not provided details of material belongs
forthe UMP 1C1 and ABL is hosing the same in their possesion, Although we hase directed
(Mr. Chautash hor B, Panchal (suspended member of board of AFL) o resolve he issue with
the UIICT, immediately with respect 10 completion of mesial reconciliation a eoncemed
division
‘We woud ket also inform you tha snes the company is undergoing corporate reschton
ingohverey proves as per the provisions of IBC. 2016, hence we request yOu to SU
‘lei te the solution professional if Ms UPPTCL. is having any outsionding agaist the
“Achat ngs Linited whieh is wo be rsovered. The aim for ached herewith for your
ready rsierenee,
Kindly achntege the reeipt ofthe sme.
Yours tis
oe ee ao NEE UTED
ear
CA. Sunil Kin
ve Cis 42 Ween ngion {ined
BBL Ne, nen BBVAPA-OD| PO10! 12017-17662
Enel Wi cerachon@pom; Cas spec conse No +91 741517065776
CA. Sunil Kumar Kabra
RP Of CIRP of M/s Archon Lngleon Limited
301, 3rd Floor, Reeyus Business Center, Nev Citylight Rend,
‘Above Mercedes-Benz Showroom, Bharthana-Vesu, Surat-395007
IBBI Registration No.: IEBINPA-OOI/IP-PO1O! 1/2017-18/1 1662
Email Id: honfigmall.com: Case specifi contact No.: #91 7415170637 "
‘April 14,2022
To,
‘The Superintending Engineer
Electricity Transmission Design Circle
Uttar Pradesh Power Transmission Corporation Limited
Shakti Bhawan, Extn, 10" Floor
4-Ashok Marg, Lucknow-226001
Subject: Withdrawal of work order by UPPTCL,
Ref: Your tener dated 08.04.2022
Dear Sir,
This is in reference to the withdrawal of work order of transmission fines allocated against
‘grcement nos, 2017 & 2020/ETDCIA/TD-348/Archon dt, 25.05.11, Wehave inftrmed your good=
sell vide our letters dated 01.02.2022, 16.02.2022, 16.03.2022 and 09.04.2022 abou the initistion
of Corporate Insolvency Resolution Process of Mis Archon Lngicon Limited and appointment of
“Mr. Sunil Kuma Kabra as « Resolution Professional (Officer ofthe Court in ihe foresaid matter
2,
We are in receipt of your leter dated 08.04.2022, stating that Mls UPPTCL has to complete the
balance work at 3 lines from snother agency on debitable basis as per terms and conditions of
‘contract. And you were requested to intrect and auarize someane for competion of material
‘reconciliation concerned division ta make fina! accounting and lables ean be finalized apainst
‘Mis Archon Engicoa Limited as given deadlines for material recoociistion has elreudy passed and
‘Mis AEL is keeping the UPPTCL materia illeyelly in their stores and hindering the completion of
balance work.
We have informed you multiple times that upon admission of the application by the NCLT. a
‘moratorium under Section |4 ofthe IBC is declared by the NCL for prohibiting al kind of legal
proceedings against the corporate debtor effective from the insulvency commencement date until
‘pproyal oft resolution pian or initiation of liquidation proceedings.
‘The purpose behing deviaring a moratorium is simply to keep the corporate dettor's assets togcther
in order to ensure that the company remains asa ‘going coneerm’, The Supreme Court of India
‘while discussing the objective behind moratorium has stated thatthe supply oessenial ponds and
services tothe comporate dettor during the moratorium period eannot be terminated or suspend
‘or even interrupted as otherwise the corporate debtor would be brought to its knees and would not
be able to function as a going concer. The SC further observed in another case that the
focus af IBC is to ensure the revival and continuatina of the sorry}
i
‘corporate debtor from its own management and from a corporate death by liquidation. The IBC és
‘ beneficial legistation which puts the corporate debtor back ow its feet, nor being 2 mercy & mere
recovery legislation for creditors.
‘We would fike to inform you about the judgement of Hon'ble Supreme Court inthe maitr of M's
‘Gujarat Urja Vikas Limited Vs. Mr. Amit Gupta. where Hon, Bench clearly said that: “The NCLT:
NCLAT correctly stayed the termination of PPA by appeltan, since allowing it to terminate PPA
‘would certainly result in the corporate death of the Corporate Debtor dhe w the PPA.” Copy of
‘the ssid judgement is attached herewith for your ready reference.
We humbly submit thet by vitue of this morstorism you are barred from cancellation of any
‘contracy wark order and to take any ction which affects the fanctionlity? operations of corporate
‘debtor and raise # question on going concem as it defeats the objectives af 1B Code. 2016.
Oiherwise, we willbe bound to take ihe shelter ofthe Code and file an application against yoursett
‘before the Hon'ble National Company Law Tribunal for necessary directicn(s) as Resolution
Professional is under duty to protect and preserve the value ofthe property of Corporate Debio
‘and manage the operation of the company as a going concern as a part of obligation impased by
Section 20 of IB Code. 2016.
Looking forvard for your kind cooperation.
Yours fitfilly,
om sncHow ENGIN LATED
ree
A. Son Romar Kabra
RP of CIRP of Ms Archon Engicon Limited
30, 3d Floor, Reegus Business Center, New Ciplight Road.
‘Above Mercedes Showroom, Bharthans-Ves, Sura-}95007
{DBI Registration No: IBBIPA-OOIMP-PO1O1 1201 7-18 1662
Email ciparghongigiallcom; Cee specific catact No #91 7415170637
77‘Gite af the vopeclatending Engler
eet Trampminlon Detigy Circle
(UP GOVERNMENT UNDERTAKING)
‘Shirl Ohawan Zafa, 10" Pea,
eA Marg, Luckvom- 226 601 QNDIA)
‘Tele: OSI2-267701- Ea 4555 Fas, O812-247e72
7 Di: Apri’ 1.2022
Sab: Regarding wichdrawal of tne aglast Tender Speifiaton no, TD-348/0. sd
. CA Sunil Kumar Kabra
RP OFCIRP of Mis Archon Fingicon Limited
201, 3" Floor, Reegus Bussiness Center,
New Citylih! Rou, Above Mercedes Showroom,
-Veau, Surt-395007
i ‘E-mail: ci orchon@gmailcom
Dear Sirs,
Pn ero your ier ded 06042022 wher ths been mentioned that you heve directed
Mc Chardshethar B Pancha (Suspended mente af bound of AL} he ‘cotnpletion of materisl
Tog MEP UFPTCL at Division level for ins avatded against Tender Spovitccion ne -!
- 1.48, 1
SNe. Name line
Ly [TSIKV SC Aurai400)-Copigaay Tine
2. [132KV SC Aura(400) Raja ke Talsb Hae
3. [LILO GF 132KV Btadoh-aunpari
!
!
eantiany, che eluim rearing LD. Penaly ee sat! bs alized a1 etme of masat -
‘econelition at Division level 1
Therefore, we shall be able to provide our tentative
‘econciliation & final claim after completion of remaini
(AktieshSritaiava)
‘Superintending Engineer !
co:
P Din (WAP), UPPTCL. '
2. CE (DAPYCETTSA), UPPTCL, Lucknow raya}
3. SEETC, UPPTCL. Ktirepur
4. BE ETDIV, UPPTCL, Varina
wan
20118