Court documents explain BK Int’l and Surendra deal

Jul 05, 2016 News

Bk International’s Brian Tiwarie

Court documents have surfaced over the alleged $800M steel deal between India-based Surendra Engineering Corporation Limited and BK International Incorporated, headed by businessman Brian Tiwarie.
The issue surrounds eight containers of steel that the Ramotar administration took possession of after Surendra Engineering was dropped from the project.
The matter came to the fore after former President Donald Ramotar, said that the coalition administration needs to explain why some $800M in steel and other equipment earmarked for the Specialty Hospital project went solely to Brian Tiwarie.
But according to the documents, the court had directed that eight containers, including its content, be levied to partially satisfy a judgment in the sum totaling over $180 million with interest on the said sum, at the rate of six per cent per annum from July 23, 2014, until fully paid, together with costs fixed in the sum of $450,000 by Surendra.
According to Tiwarie’s statement of claim on March 3, 2014 at Georgetown, he (Tiwarie) and the defendant, Surendra Engineering Corporation Limited, entered into a written agreement for the supply and driving of 2000 pieces of 65-foot long greenheart piles at Turkeyen, East Coast Demerara, by the Plaintiff.
The agreed sum for executing the contract by the Plaintiff was $673,978,328. However on June 30, 2014 the Plaintiff, through his Attorney-at-Law, wrote to the defendant requesting payment of the sums due, but Surendra failed or refused to do so.
Tiwarie claimed payment of the sum of $180.1 million being money due by the defendant to him for the supply of piles and services rendered plus costs in the sum of $450,000.00.
This newspaper has since seen the documents which indicate that the Court had granted judgement against the India-based company in 2014.
The judgement was handed down by Justice Rishi Persaud in the Commercial Court of Georgetown Supreme Court. The order stated that eight containers, including their content, be levied to partially satisfy a judgment in the sum totaling over S180 million with interest on the said sum at the rate of six per cent per annum from July 23, 2014 until fully paid together with costs fixed in the sum of $450,000 by Surendra.
The Court had restrained Brijen Parikh of Surendra Engineering Corporation Limited from leaving or attempting to leave the jurisdiction pending the hearing and determination of the action.
Tiwarie had expressed fear that when Brijen Parikh, the head of Surendra left the jurisdiction, he would not return to Guyana.
“To date the said Brijen Parikh has not contacted the Plaintiff (Tiwarie) to discuss the payment of money due to the Plaintiff.”
The document outlined that the Plaintiff lost a considerable sum of money since the defendant “has no assets in Guyana of which I am aware.”
The businessman was therefore advised by his Attorney-at-Law that the defendant (Surendra Engineering) lodges with the Registrar of the Supreme Court the sum of $180.1M as security, to satisfy any judgment that the Court may order or pay to the Plaintiff the sum claimed.
The court contended that the Plaintiff, Tiwarie, is the owner of both movable and immovable properties valued in excess of hundreds of millions of dollars and does have the ability to pay damages if so ordered to do, in case the defendant should have sustained loss by reason of the Orders now sought being granted.

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