Conciliation claims gain traction among road firms
Industry players say liquidity crunch after Covid-19 a reason for change
The combined value of settlement payouts by the National Highways Authority of India (NHAI) is increasing, indicating that road companies might increasingly be choosing the conciliation route for claims.
Debt resolution, Covidrelated liquidity concerns, and a l ong legal process acting as deterrent are some reasons pushing firms to pursue conciliation. At present, HCC, Sadbhav Engineering, Ashoka Buildcon, and Infrastructure Leasing & Financial Services (IL&FS) are pursuing this process.
Besides, conciliation is an easier and fairer process for companies already facing liquidity issues and cannot offer a bank guarantee to avail of 75 per cent of arbitration award at a later stage.
“One can resolve claims within six months without going through legal hassles and unlock capital stuck for growth,” said Ratnam Raju, associate director, group head, infrastructure and project finance, CARE Ratings.
Companies like HCC see conciliation as one of the many ways to improve liquidity after Covid-19 spread.
“Our focus has remained on normalising our operations while working on solutions with our clients, including raising liquidity through conciliation of claims,” said Arjun Dhawan, director and group executive officer, in a company results statement. For instance, Baharampore-Farakka Highways, according to HCC, has initiated conciliation with the NHAI for its arbitration award and other claims.
IL&FS Group has approved claims worth ~2,900 crore with the NHAI, of which ~2,500 crore is to be received this financial year — ~400 crore has been received.
Executives of Sadbhav Engineering said in the company’s June quarter results call with analysts that the company had agreed to take ~45 crore, against the outstanding of ~62 crore arbitration award, including a waiver of the interest portion, as part of the conciliation process for its Dhule Palesnar project.
Ashoka Buildcon similarly told investors that it had approached the NHAI for conciliation of claims worth ~550 crore related to four projects.
Gayatri Projects in its first quarter results notes said it has referred ~2,834 crore of termination payment and other claims related to one of its special puprose vehicle to the NHAI’S conciliation committee.
According to the NHAI’S 2018 annual report, as a result of its alternative dispute resolution mechanism, claims worth ~381.15 crore were settled for ~29.72 crore in 2017-18.
The conciliation committees of independent experts (CCIE) was set up in June 2017, and the number of conciliations has been on a steady rise since. In June, the road ministry said 108 cases had been referred to the CCIE so far and claims worth ~13,349 crore have been successfully settled for an amount of ~3,743 crore. This number will rise significantly if the IL&FSapproved claims of ~2,000 crore are added.
HCC’S Dhawan had said in an interview with Business Standard in September: “It is absolutely imperative for the Centre to spur investments, but equally important to clear dues. The NHAI is taking a lead in conciliating matters.” He said there would be certain haircuts, but there was a definite reduction in the otherwise lengthy claims process.
Not everyone sees conciliation as an easy way to i mprove liquidity. “Firms will take the conciliation process before legally challenging it, but it will be accepted only if fair,” said Virendra Mhaiskar, chairman and managing director, IRB Infrastructure Developers.