Delhi High Court - Orders
Cj Darcl Logistics Ltd vs Oil And Natural Gas Corporation Ltd on 8 July, 2022
Author: Satish Chandra Sharma
Bench: Chief Justice, Subramonium Prasad
$~5 & 6
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ LPA 38/2021
CJ DARCL LOGISTICS LTD. ..... Appellant
Through: Mr. Anil Goel, Mr. Aditya Goel,
Advocates
versus
OIL AND NATURAL GAS CORPORATION LTD. ..... Respondent
Through: Mr. Varun Mishra, Advocate
+ LPA 39/2021
TRANSRAIL LOGISTICS LTD. ..... Appellant
Through: Mr. Anil Goel, Mr. Aditya Goel,
Advocates
versus
OIL AND NATURAL GAS CORPORATION LTD. ..... Respondent
Through: Mr. Varun Mishra, Advocate
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
ORDER
% 08.07.2022 CM APPL. 1031/2022
1. This is an application on behalf of the Applicant/Appellant seeking release of Security Deposit/Earnest Money Deposit for a sum of Signature Not Verified Digitally Signed By:SHAZAAD ZAKIR LPA 38/2021 & LPA 39/2021 Page 1 of 3 Signing Date:11.07.2022 15:30:55 Rs.2,95,26,590/-, in favour of the Appellant, which has been deposited by the Respondent in the Registry of this Court.
2. It is stated in the said application that vide Order dated 07.01.2021, passed by learned Single Judge in W.P.(C) 6827/2018, the Respondent was directed to refund the Security Deposit/Earnest Money Deposit of Rs.2,95,26,590/- to the Appellant within four weeks of the Order. It is stated that in compliance of the Order dated 07.01.2021, the Respondent had deposited Rs.2,95,26,590/- with the Registry of this Court.
3. It is stated that the Appellant filed an appeal against the Order dated 07.01.2021 for award of interest amount and for setting aside the impugned banning Order dated 06.06.2018 by which the Petitioner had been banned from all business dealings with the Respondent for a period of six months. The Respondent, thereafter, filed cross objections against the appeal.
4. It is stated that the Security Deposit/Earnest Money Deposit of Rs.2,95,26,590/-, which has been deposited in the Registry of this Court may be released in favour of the Appellant, and a Bank Guarantee against the same for the same amount i.e. Rs.2,95,26,590/-, will be furnished by the Appellant.
5. Today, learned Counsel for the Appellant has handed over a copy of a Bank Guarantee No. 0404822BG0000100 for the sum of Rs.2,95,26,590/- in the Court today. The Registry is directed to take the same on record.
6. The said Bank Guarantee is valid upto 16.05.2023. Therefore, in case hearing of the matter is not concluded on or before 16.05.2023, the Appellant shall renew the Bank Guarantee 30 days prior to the expiry of the said Bank Guarantee.
7. In view of the above, the Security Deposit/Earnest Money Deposit of Signature Not Verified Digitally Signed By:SHAZAAD ZAKIR LPA 38/2021 & LPA 39/2021 Page 2 of 3 Signing Date:11.07.2022 15:30:55 Rs.2,95,26,590/- which has been deposited before the Registry of this Court by the Respondent be released in favour of the Appellant.
8. Accordingly, the application is disposed of.
LPA 38/2021 & CM APPLs. 2846/2021, 11060/2021, 26138/2021, 26139/2021, 23796/2022 LPA 39/2021 & CM APPL. 2864/2021 List on 15.09.2022.
SATISH CHANDRA SHARMA, CJ SUBRAMONIUM PRASAD, J JULY 8, 2022 hsk Signature Not Verified Digitally Signed By:SHAZAAD ZAKIR LPA 38/2021 & LPA 39/2021 Page 3 of 3 Signing Date:11.07.2022 15:30:55