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Delhi High Court - Orders

Appellant Under Order Xliii Rule 2 Cpc ... vs Dedicated Freight Corridor ... on 6 October, 2020

Author: Rajiv Sahai Endlaw

Bench: Rajiv Sahai Endlaw, Asha Menon

$~VC-5
*   IN THE HIGH COURT OF DELHI AT NEW DELHI
+   FAO (OS) (COMM) 123/2020, C.M. Appl. Nos.24784/2020 (of
    appellant under Order XLIII Rule 2 CPC read with Order XLI Rule
    5 and Section 151 CPC for seeking interim relief) & 24785/2020
    (of appellant under Order XLI Rule 27 read with Section 151
    CPC, for seeking leave to file certain documents handed over
    during the course of arguments)
    CRSC RESEARCH AND DESIGN INSTITUTE GROUP CO.
    LTD.
                                                       .....Appellant

                              Through:   Mr.     Rajiv     Nayar     and
                                         Mr.Sudhanshu    Batta,    Senior
                                         Advocates with Mr. Krishna Vijay
                                         Singh, Mr. Manish Dembla, Mr.
                                         Nachiketa Goyal, Mr. Saurabh
                                         Seth and Ms. Suditi Batra,
                                         Advocates.
                     versus
       DEDICATED FREIGHT CORRIDOR CORPORATION OF
       INDIA LIMITED & ORS.                        .....Respondents
                     Through: Ms. Garima Prashad, Ms. Ankita
                                 Pandey, Mr. Abhishek Kumar
                                 Tripathi and Mr. Imtiyaz for R-1,
                                 Advocates
       CORAM:
       HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW
       HON'BLE MS. JUSTICE ASHA MENON
                          ORDER

% 06.10.2020 [VIA VIDEO CONFERENCING]

1. The counsel for the respondents seeks pass over stating that the Solicitor General is to address the Court.

2. It is not possible to pass over the matter today. In any case FAO (OS) (COMM) 123/2020 Page 1 of 2 the matter is posted for today owing to non-appearance on behalf of the respondents on 1st October, 2020.

3. The senior counsel for the appellant to conclude his arguments in not more than one and half hours.

4. On enquiry, the senior counsel for appellant assures that the Bank Guarantees are valid till May, 2021 and continuation of the stay of the operation of the judgment of the Single Judge will not cause any prejudice to the respondents.

5. The counsel for the respondents states that the verbal understanding argued by the senior counsels for the appellant and recorded in the order dated 1st October, 2020 is not binding at this stage.

6. List for hearing on 11th November, 2020.

7. Subject to the appellant continuing to be bound by their statements aforesaid, interim order to continue.

RAJIV SAHAI ENDLAW, J.

ASHA MENON, J.

OCTOBER 06, 2020 ak FAO (OS) (COMM) 123/2020 Page 2 of 2