Delhi High Court - Orders
Mep Hyderabad Bangalore Toll Road Pvt. ... vs National Highways Authority Of India on 2 March, 2021
Author: C.Hari Shankar
Bench: C.Hari Shankar
$~19
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ ARB. A. (COMM.) 11/2021
MEP HYDERABAD BANGALORE
TOLL ROAD PVT. LTD. ..... Petitioner
Through Mr. Saurabh Kirpal, Mr. Rajiv
Shankar Dvivedi, Mr. Sushant Kumar Sarkar, Mr.
Rishabh Jain, Advs.
versus
NATIONAL HIGHWAYS AUTHORITY OF INDIA... Respondent
Through Mr. Manish Bishnoi, Mr. Robin
Bishnoi and Mr. Anish Chawla, Advs.
CORAM:
HON'BLE MR. JUSTICE C.HARI SHANKAR
ORDER
% 02.03.2021
(Video-conferencing)
IA 3031/2021 (Section 151 CPC for exemption)
1. Allowed, subject to all just exceptions.
2. The application stands disposed of.
ARB. A. (COMM.) 11/2021
1. Mr. Saurabh Kirpal, learned counsel appearing for the petitioner, submits that despite the order of this Court, requiring maintenance of status quo regarding invocation of the bank guarantee, the bank has proceeded to encash the bank guarantee and credit the amounts covered thereby in the account of the respondent. He, therefore, submits that he has moved a Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI ARB. A. (COMM.) 11/2021 Page 1 of 2 Signing Date:04.03.2021 10:43:48 petition for contempt, vide Diary No. E-257428 of 2021. As such, he requests that this matter be re-notified along with the said contempt petition.
2. To my mind, there was no necessity for the petitioner to move a contempt petition, as, if the petitioner succeeds to make out a case, the Court could always direct the respondent to deposit the amount realized by way of invocation of the bank guarantee. Nevertheless, in view of the request made, re-notify on 10th March, 2021.
3. The Registry is directed to list the contempt petition filed vide Diary No. E-257428 of 2021 along with this matter on 10th March, 2021.
C.HARI SHANKAR, J MARCH 2, 2021 r.bararia Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI ARB. A. (COMM.) 11/2021 Page 2 of 2 Signing Date:04.03.2021 10:43:48