Delhi High Court - Orders
Engineers India Limited vs Jmc Projects India Ltd on 5 October, 2020
Author: Rekha Palli
Bench: Rekha Palli
Via video conferencing
$~OS-15
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P. (COMM) 458/2018
ENGINEERS INDIA LIMITED ..... Petitioner
Through: Mr.Rahul Narayanan with Ms.Gaeti
Khan, Advs.
versus
JMC PROJECTS INDIA LTD ..... Respondent
Through: Mr.Ayush Agrawal, Adv. with
Mr.Vikrant Singh Bloria, Mr.Samith
Sagaranahalli, Dr.Sunil Mittal &
Ms.Anu Tewari, Advs.
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI
ORDER
% 05.10.2020 I.A. 8899/2020
1. Exemption allowed, subject to all just exceptions.
2. The application stands disposed of.
I.A. 8898/20203. This is an application filed by the respondent seeking correction of typographical errors in paragraphs 2 and 3 of the order dated 22.09.2020.
4. Learned counsel for the applicant submits this Court, while recording the prayers made by the applicant in its application being IA No.8443/2020 has in paragraph 2(a) of the aforesaid order inadvertently recorded the date of the bank guarantee as 14.05.2020, even though the same was issued on 14.05.2010. A similar mistake has occurred in paragraph 3 of the aforesaid Signature Not Verified Signed By:GARIMA MADAN Location: Signing Date:05.10.2020 22:42:02 order which has wrongly recorded the date of contract as 11.06.2020, instead of 11.06.2010. He further submits that on account of this inadvertent typographical error, paragraph 3 also records the date as 09.07.2020, even though the same was passed on 09.07.2018. He further submits that the value of the bank guarantee furnished on 14.05.2010 was lesser than INR 6,01,15,800/-, which value is in fact the present value of the bank guarantee. He, therefore, prays that the aforesaid typographical errors in the order dated 22.09.2020 be corrected.
5. Issue notice. Mr.Rahul Narayanan, Advocate accepts notice on behalf of the petitioner and fairly does not oppose the application.
6. From a perusal of the record, it is evident that the typographical errors as noted hereinabove have crept in the order dated 22.09.2020 and are required to be corrected. The application is accordingly allowed by directing that Paragraphs 2(a) and 3 of order dated 22.09.2020, will now read as under:-
"2(a) pass an order directing the Petitioner to return the Bank Guarantee 61/2010 dated 14.05.2010 to the Applicant;
3. Learned senior counsel for the respondent/applicant submits that the parties had entered into a construction contract on 11.06.2010 and, for due performance thereof, a bank guarantee for INR 4,77,28,390/-was furnished by the respondent on 14.05.2010, the value of which was subsequently increased to Rs.6,01,15,800/-. Even though the work was completed in April 2013 and the petitioner has been occupying the building from October, 2013, this bank guarantee has been extended from time to time and is now valid till 30.09.2020. However, notwithstanding the completion of the work, the petitioner failed to release due payments in favour of the respondent who was then compelled to invoke arbitration. An award has been rendered by the learned Arbitrator on 09.07.2018 whereunder the respondent has been held entitled to receive a sum of INR 28.18 crores from the Signature Not Verified Signed By:GARIMA MADAN Location: Signing Date:05.10.2020 22:42:02 petitioner. He submits that the Award dated 09.07.2018 has been assailed by the petitioner in these proceedings wherein this Court, vide its order dated 10.01.2019, had issued notice and stayed operation of the impugned award. Significantly, the order of stay had been subject to the petitioner depositing the awarded amount, barring the sums awarded in relation to claim Nos.3 and 6 as also the proportionate interest accruing thereon. By placing reliance on the decision of a Coordinate Bench in Tehnimont Private Limited and Anr. Vs. ONGC Petro Additions Limited 2020 SCC OnLine Del 653, he submits that merely because the award has been stayed, the petitioner can neither be permitted to invoke the bank guarantee nor insist on extension of the same. He, therefore, prays that the petitioner be restrained from invoking the bank guarantee in question or compelling the respondent to extend the same beyond 30.09.2020"
7. This order may be read in conjunction with order dated 22.09.2020. O.M.P. (COMM) 458/2018
8. List on the date already fixed.
REKHA PALLI, J OCTOBER 5, 2020 gm Signature Not Verified Signed By:GARIMA MADAN Location: Signing Date:05.10.2020 22:42:02