The Supreme Court has asked an expert panel to look into the issues raised by Tehri Hydro Development Corporation, Alstom Hydro France and Germany-based Voith Siemens Hydro Kraftwerkstechnik Gmbh Co in an important tender matter of national interest.

?We are pained to note that a very important project like the present one is being held up in a legal battle between the two multinational companies. Till today, even the contract has not been finalised. All this would invariably cause loss to the nation. After all, contractual rights of these companies are not more important than the national interest,? a bench headed by Justice V S Sirpurkar said while disposing of three appeals filed by Tehri and the two multinationals.

It asked the three-member panel of experts to give a final chance to all the parties particularly to the French firm to raise its objections.

?We order that the panel of experts shall give one more final opportunity to the parties to be heard and more particularly the respondent no 1 (Alstom) on the objections that it has raised on the earlier report of Panel of Experts and give a fresh report in the nature of recommendations. This exercise should be completed by the end of April, 2010. The appellant (Tehri) herein would then, without loss of time, take the decision, considering the report of the panel regarding the award of contract.?

The order was passed after accepting Attorney General G E Vahanvati?s suggestion that all the grievances, technical or otherwise could be raised before the expert panel which would atleast put an end to the controversy.

?? We do not think that in absence of any allegations/ charges made and substantiated against the Panel of Experts, it would be proper to change the Panel of Experts and to appoint a new Panel of Experts through the Centre or some other panel. There has to a finality somewhere,? the order stated.

Tehri while raising allegations of cartelisation by French and German multinationals had challenged the Uttarakhand High Court?s decision that asked it to go for re-bidding for its pump storage plant project for lack of clarity in the tender.

Alstom and Voith had qualified in the pre-bid stage. The German company?s bid was found to be the lowest.

Voith had also challenged the High Court judgment that directed rebidding.

Tehri had in August 2007 invited bids for the turn-key execution of the Tehri pump storage project. After Voith was found to be the lowest bidder, Alstom had moved the High Court pointing out various anomalies.

Tehri has submitted that the two multinationals would get together and and submit revised reduced bids which would not be in the public interest.