M/S. Klsr Infratech Limited, vs The Reserve Bank Of India, on 25 November, 2020

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Andhra Pradesh High Court - Amravati

M/S. Klsr Infratech Limited, vs The Reserve Bank Of India, on 25 November, 2020

Bench: U.Durga Prasad Rao

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
(SPECIAL ORIGINAL JURISIDICTION)
WEDNESDAY , THE TWENTY FIFTH DAY OF NOVEMBER .
TWO THOUSAND AND TWENTY
:PRESENT:

THE HON'BLE SRI JUSTICE U. DURGA PRASAD RAO oe

WRIT PETITION NO: 20420 OF 2020
Between:

M/S. KLSR Infratech Limited, Rep. by its Authorized person Sri Allu Nagesh, Noe 2
S/o. Rama Rao, aged about 51 years, Regd office at H. No.2-56/D/213/9B, Flat No.3B, =e

KLSR Towers, Near YSR Statue, Ayyappa Society, Madhapur, Hyderabad -81.

Petitioner
AND

1. The Reserve Bank of India Rep. by its Regional Director, Regional office at 6-1-56,
Secretariat Road, Saifabad, Hyderabad.

2. Union Bank of India (Formerly known as The Andhra Bank) Represented by Chief
Manager, Nellore Main, Nellore SPSR Nellore District, A.P.

3. M/s. OFB Tech Private Limited Rep. by its Authorised signatory, Registered Office
Shop No.G-22, C (UGF) D-1 (K-84) Green Park Main, New Delhi, South Delhi DL
110016.

Respondents

Petition under Article 226 of the Constitution of India praying that in the
circumstances stated in the affidavit filed therewith, the High Court may be pleased to
issue a writ or order or direction or writ of Mandamus, declaring the action of the 1*
respondent restraining the relief of moratorium only in certain cases and not extending
the benefit to all kinds of transactions by applying the principle of force major clause
inspite of declaration of pandemic Covid- 19 by the Government of India and action of
2° respondent allowing the bank guarantees 0384191GPER0053 and
0384191GPER0054 to be invoked by the 3 respondent as illegal, arbitrary, malafide,
unmindful and contrary to Principle of Force majeure applied in contractual matters and
consequently direct the 2' Respondent not to allow the 3° respondent to invoke the
respective bank guarantees for a reasonable period in the interests of justice.

IA NO: 1 OF 2020

. Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit filed in support of the petition, the High Court may be pleased to direct
the respondents No.2 and 3 not to invoke the babnk guarantees ie.,
0384191GPER0053 and 0384191GPER0054, pending disposal of WP No. 20420 of
2020, on the file of the High Court.

The petition coming on for hearing and upon perusing the petition and
affidavit filed herein and order of the High Court dated 04.11.2020 made herein and
upon hearing the arguments of Sri K. V. Bhanu Prasad Advocate for the Petitioner and
of Sri A. Chandra Sekhar, Standing Counsel for the respondent No.3, the Court made
the following

ORDER:

Print the name of Sri A. Chandra Sekhar for the respondents and list the matter on 26.11.2020. Interim order granted earlier is extended till tomorrow. Sd/- R. KARTHIKEYAN . ASSISTANT REGISTRAR For ASSISTANT REGISTRAR To

4. One CC to Sri K. V. Bhanu Prasad Advocate (OPUC) 2 One CC to Sri A. Chandra Sekhar, Standing Counsel (OPUC)

3. One spare copy.

ITTRUE COPY// --

HIGH COURT UDPRJ DATED:25/11/2020 WP.No.20420 of 2020 INTERIM ORDER EXTENDED 26 we any fy

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Andhra Pradesh High Court - Amravati