Tue. Jul 7th, 2020

Ge Power India Limited vs Nhpc Limited on 26 June, 2020

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2. As per the plaint, the plaintiff company which was initially known as
Asea Brown Boveri Management Limited underwent a name change to
Alstom Projects India Ltd. on 11th November, 2002. Subsequent thereto on
6th June, 2012 the plaintiff‟s name was changed to Alstom India Ltd. and
pursuant to a global acquisition of Alstom India Ltd. by General Electric
Company on 5th August, 2016 the plaintiff underwent another name change
to GE Power India Ltd., i.e. the plaintiff herein.
3. The plaintiff‟s predecessor, that is, Alstom India Ltd. (earlier known
as Alstom Projects India Ltd.) (in short „Alstom‟) entered into a contract

CS (COMM) 140/2020 Page 1 of 33
with Lanco Infratech Limited (in short „LIL‟) on 18th May, 2009 for the
design, manufacture, test, delivering and commissioning of facilities, that is,
Turbine, Generator, Main Inlet Valve, Governing system, Excitation system,
Control System for Hydro Electric Project for Teesta VI (in short „Teesta VI
Project’). The Teesta VI Project was awarded to Lanco Teesta Hydropower
Limited (in short LTHPL) a Special Purpose Vehicle Company, a part of
Lanco Group of Companies. Alstom entered into an agreement with LIL
inter alia for supply of engineering drawings which were covered by the
copyrights owned by Alstom and on global acquisition of Alstom by the
plaintiff company, subject to the confidentiality protections for which the
plaintiff states that it received part payment and huge payments were still
outstanding against LIL. The drawings and documents submitted by Alstom
to LIL were used in Teesta VI Project subject to the copyright therein
vesting with Alstom. The General Conditions of Contract (in short „GCC‟)
between Alstom and LIL also stipulated an undertaking of all confidential
information given to LIL by Alstom in Clause 3.16.

Source: Indian Kanoon

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