Supreme Court - Daily Orders
Eastern Coalfields Ltd. vs International Commerce Ltd. . on 28 July, 2015
Bench: T.S. Thakur, R. Banumathi
1
ITEM NO.3 + 11 COURT NO.2 SECTION XVI
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 16665/2015
(Arising out of impugned final judgment and order dated 12/05/2015
in MAT No. 677/2015 passed by the High Court Of Calcutta)
EASTERN COALFIELDS LTD. Petitioner(s)
VERSUS
INTERNATIONAL COMMERCE LTD. AND ORS. Respondent(s)
(With Appln(s) for exemption from filing C/C of the impugned
judgment)
WITH SLP(C) No.21168 of 2015
(With appln.(s) for exemption from filing C/C of the Impugned
judgment and interim relief and office report)
Date: 28/07/2015 These petitions were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE T.S. THAKUR
HON'BLE MRS. JUSTICE R. BANUMATHI
For Petitioner(s) Mr. Anupam Lal Das,Adv.
(SLP 16665/15) Mr. Anirudh Singh,Adv.
(SLP 21168/15) Mr. Vivek K. Tankha,Sr.Adv.
Mr. Harsh Parashar,Adv.
Mr. Mohit Kumar Shah,Adv.
For Respondent(s) Mr. Vivek K. Tankha,Sr.Adv.
Mr. Naman Nagratn,Sr.Adv.
Mr. Harsh Parashar,Adv.
Mr. Mohit Kumar Shah,Adv.
Mr. Anupam Lal Das,Adv.
Mr. Anirudh Singh,Adv.
UPON hearing the counsel the Court made the following
O R D E R
Signature Not Verified Digitally signed by Mahabir Singh Date: 2015.07.29 After arguing the matter at some length, Mr. Vivek K. 14:43:45 IST Reason: Tankha, learned senior counsel appearing for the respondent-International Commerce Ltd. in SLP(C) No.16665 of 2 2015, sought time to take instruction whether the respondent-Company is ready and willing to comply with the requirement stipulated by the petitioner-Eastern Coalfields Ltd., for providing a performance bank guarantee in a sum of Rs.38,14,67,000/-.
When the matter was taken up after post lunch session, once again Mr. Tankha submitted that he has instructions to say that the respondent-company has upon reconsideration of the entire issue decided to comply with the requirement of bank a guarantee in the amount demanded by the petitioner-Eastern Coalfields Ltd. He also submitted that since the guarantee would be a performance bank guarantee, the petitioner-Company could be asked to release the same proportionate to the work done by the respondent-International Commerce Ltd. each year.
Mr. Anupam Lal Das, learned counsel for the petitioner-Eastern Coalfields Ltd., seeks a short adjournment to take instructions in the matter and make his submissions.
Post again on Monday, the 3rd August, 2015. Needful be done in the meantime.
(MAHABIR SINGH) (VEENA KHERA) COURT MASTER COURT MASTER