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Delhi High Court - Orders

(36) Cox And Kings Global Services Pvt. ... vs Union Of India on 8 January, 2026

Author: Sachin Datta

Bench: Sachin Datta

                          $~36 and 37
                          *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +    W.P.(C) 5052/2020 and CM APPLs.18230/2020, 35895/2022,
                               41435/2022
                          (36) COX AND KINGS GLOBAL SERVICES PVT. LTD......Petitioner
                                              Through: Mr. Jasmeet Singh, Mr. Mahinder
                                                       Singh Hura, Mr. Saif Ali, Mr.
                                                       Pushpender S. Bhadoriya, Mr. Vijay
                                                       Sharma, Mr. Pranav Menon, Mr.
                                                       Ajith Williyam S., Mr. Saurav and
                                                       Mohd. Bilal, Advs.
                                              versus
                               UNION OF INDIA                             .....Respondent
                                              Through: Mr. Ripudaman Bhardwaj, CGSC,
                                                       Mr. Kushagra Kumar, Mr. Amit
                                                       Kumar Rana and Ms. Pragti Trivedi,
                                                       Advs., UOI.

                          +    W.P.(C) 5613/2020 and CM APPLs.20344/2020, 33616/2021
                          (37) WORLD COMPLIANCE TECHNOLOGIES PVT LTD.....Petitioner
                                                Through: Mr. Nidesh Gupta, Sr. Adv., Mr.
                                                           Jasmeet Singh, Mr. Mahinder Singh
                                                           Hura, Mr. Saif Ali, Mr. Pushpendra S.
                                                           Bhadoriya, Mr. Vijay Sharma, Mr.
                                                           Pranav Menon and Mr. Saurav, Advs.
                                                           Ms. Anita Sahani, Adv.
                                                versus
                               UNION OF INDIA & ANR.                          .....Respondents
                                                Through: Mr. Ripudaman Bhardwaj, CGSC,
                                                           Mr. Kushagra Kumar, Mr. Amit
                                                           Kumar Rana and Ms. Pragti Trivedi,
                                                           Advs., UOI.
                               CORAM:
                               HON'BLE MR. JUSTICE SACHIN DATTA
                                                ORDER

% 08.01.2026

1. Learned senior counsel for the petitioner in W.P.(C) 5613/2020 has This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/01/2026 at 20:34:40 been heard. It has been vehemently emphasized that:

(i) The bank guarantees in question cannot be retained or invoked by the respondent since the very bank guarantees were rejected by the respondent having been submitted by the third party (i.e. World Compliance Technologies Pvt. Ltd. / petitioner in item no.37) with which the Union of India (UOI) does not have any privity of contract.
(ii) Even otherwise given the terms of the concerned bank guarantees, there is no occasion for the respondent to invoke / encash the same. It is submitted that bank guarantees were submitted for specific purposes (i.e. for securing pre-mature termination of contract and for 'safety of documents') and cannot be utilized for the purpose of realizing amounts, which are not covered by contingencies for which the bank guarantees were submitted.

2. List for arguments on behalf of the respondent on 03.02.2026 at 02.30 PM.

3. In the meantime, the parties are directed to file the letter dated 08.06.2020, referred to in the tabulation filed along with Annexure P-16 of W.P.(C) 5613/2020.

SACHIN DATTA, J JANUARY 8, 2026/cl This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/01/2026 at 20:34:40