The Supreme Court today reserved verdict on a plea by Tehri Hydro Development Corporation (THDC), challenging a stay by the Uttarakhand High Court on finalising bids submitted by two MNCs - Alstom Hydro and Voith - for developing the second phase of its project.
A Bench comprising Justice V S Sirpurkar and Justice T S Thakur reserved order over the plea filed by THDC, a joint venture between the government of India and Uttar Pradesh.
Senior advocate Ashok V Desai, appearing for Voith Hydro -- a JV of two German companies Voith and Siemens -- alleged that THDC is opting for fresh bidding despite a technical committee finding its technical bid to be right.
He said the technical committee, formed on the directions of the Supreme Court, had found Voith's bid lower than that of Alstom Hydro, part of French engineering major Alstom.
However, the position was opposed by senior advocate Abhishek Manu Singhvi and Attorney General Goolam E Vahanvati, appearing for Alstom and THDC respectively.
Vhanavati submitted that after considering differences between Alstom and Voith, THDC asked both the MNCs to file fresh commercial bids.
Earlier, the High Court had stayed the tendering process on the plea of Voith Hydro.
THDC had invited fresh bids in December after a year-long tussle with the two bidders, who took the dispute to the Supreme Court on March 26 last year.
The apex court, on hearing the cross appeals filed against one another by THDC, Alstom Hydro and Voith Hydro, asked for creation of a three-member committee at THDC to look into the issue.
It said the opinion the committee would be considered by THDC, while taking a final decision on the bid.
On December 14, 2010, THDC committee found deficiencies in the bids of the both - Alstom Hydro and Voith Hydro.
THDC told the bidders to file compliance by removing the deficiencies and to submit price bids after that.
Voith, however, challenged it in the High Court, which ordered a freeze in the bidding process.
