Vayam Gmv Intelligent Transport Pvt Ltd vs Ahmedabad Janmarg Ltd on 29 June, 2018

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Gujarat High Court

Vayam Gmv Intelligent Transport Pvt Ltd vs Ahmedabad Janmarg Ltd on 29 June, 2018

Author: S.R.Brahmbhatt

Bench: S.R.Brahmbhatt, A.G.Uraizee

          C/SCA/8165/2018                                      ORDER



        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
          R/SPECIAL CIVIL APPLICATION NO. 8165 of 2018
===========================================================
                     VAYAM GMV INTELLIGENT TRANSPORT PVT LTD
                                          Versus
                               AHMEDABAD JANMARG LTD
==============================================================================
Appearance:
MR CHAITANYA S JOSHI(5927) for the PETITIONER(s) No. 1
MR SUDHAKAR B JOSHI(3465) for the PETITIONER(s) No. 1
MS SK VISHEN(1204) for the RESPONDENT(s) No. 1,2
NOTICE SERVED BY DS(5) for the RESPONDENT(s) No. 3
================================================================
 CORAM: HONOURABLE MR.JUSTICE S.R.BRAHMBHATT
        and
        HONOURABLE MR.JUSTICE A.G.URAIZEE
                     Date : 29/06/2018
                      ORAL ORDER

(PER : HONOURABLE MR.JUSTICE S.R.BRAHMBHATT)

1. On 23rd May, 2018, Court passed the following order: "1. Today, when the matter is taken up for hearing, surprisingly despite twice the services having been effected, respondent no.3 Canara Bank has chosen not to step in and represent before the Court and as such the hearing has taken place in absence of Canara Bank.

2. During the course of hearing a broad consensus has been arrived at between the learned counsels mainly on account of the fact that pleadings have not been completed in the present proceeding. Accordingly, the petitioner will continue the Bank Guarantee which was renewed from time to time and will request respondent no.3 to continue the said Bank Guarantee till 30th June, 2018. Correspondingly, the respondent no.3 shall consider the request of the petitioner to continue and renew the same up to 30th June, 2018.

3. Learned advocate Ms. Vishen has upon instruction stated on behalf of respondent no.1 in presence of officers and made a categorical statement that upon such renewal and continuance of Bank Guarantee till 30th June 2018, respondent no.1 will not make any attempt to encash the said Bank Guarantee till next date of hearing of the present proceeding.

Page 1 of 2 C/SCA/8165/2018 ORDER

4. In the meantime, so as to see that effective hearing can take place on 29th June, 2018, both the sides are directed to complete their respective pleadings and respondent no.1 shall inturn shall complete the pleadings on their part on or before 15th June, 2018 and correspondingly the petitioner shall complete their part of rejoinder on or before 21st June, 2018 and this is so in view of the fact that petition was requested to be heard peremptorily on 29th June 2018.

5. In view of the fact that project, as stated to have been completed, it is open for the parties to negotiate and complete the steps for overall resolution till next date of hearing. S.O. to 29th June, 2018.

2. The Office is directed to list the matter before appropriate Court as soon as possible looking to the urgency in the matter.

(S.R.BRAHMBHATT, J) (A.G.URAIZEE, J) Manoj Page 2 of 2

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