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Bechtel
Corporation has announced that it has attached all shares held by the Maharashtra
government in the $2.9-billion Dabhol power plant after a court order in the
US. The
Maharashtra government holds a 14.6 per cent stake in Dabhol Power Company
through Maharashtra Power Development Corporation (MPDC), an SPV of the Maharashtra
State Electricity Board. Bechtel and General Electric hold the remaining equity.
Bechtel
had sought $123 million from MSEB for violation of shareholder rights. However,
Bechtel says that it is even now prepared to help General Electric and the
Indian government to revive DPC. The
US District Judge Lewis Kaplan of the Southern District of New York signed
the order. The order directs that the attachments of assets held by Maharashtra
Power Development Corporation, which holds a 14.6 per cent stake in Dabhol
Power Corp. DPC,
in which General Electric and Bechtel hold the majority stake was shut down
in 2001 when the state of Maharashtra reneged on its legal commitments to
purchase power and support completion of the second of two generating units. On
April 27, the International Court of Arbitration in Paris also ruled that
the Maharashtra company and the Government of Maharashtra conspired to block
DPC from exercising its contractual rights to arbitrate its claims against
the state of Maharashtra and the government of India for the expropriation
of DPC's investment. The international court gave the corporation and state
time until May 27 to pay the damages. The
chief minister of Maharashtra Vilasrao Deshmukh said the state was seeking
more information on the matter. "We
are disappointed that the Indian authorities have given us no choice but to
begin proceedings to seize their assets. Their refusal to acknowledge valid
legal orders also sends a troubling message to foreign investors whose capital
and technical expertise could help modernise India's infrastructure,"
Mr Tim Statton, Bechtel's executive vice-president, said in a release. Bechtel's
affiliates in Mauritius and Netherlands have filed two additional arbitration
claims against the Government of India to recover the value of their "lost
investments" in DPC, which could add up to more than $6 billion. The
Dabhol power plant, India's largest foreign-investment project till date,
was set up to provide 2,184 megawatts of power. The plant was shut down in
2001 in the wake of a tariff dispute between its main promoters and its customer,
the Maharashtra
State Electricity Board and has since been dogged by legal disputes between
the foreign stakeholders and the Maharashtra Government.
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